Olney v. Eaton
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. Henry S. Kelley, Judge. _ 1. Tbe decree cannot be sustained upon tbe evidence. Plaintiff in bis form of action affirms tbe contract, seeks its specific performance, and bas failed to clearly make it out. Tbe evidence is clear and positive that tbe contract was as tbe defendants plead it, and tbe petition should bave been dismissed. {Paris v. Haley, 61 Mo. 453.) 2. Tbe court erred in the law of the case.
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Appeal from Atchison Circuit Court. — Hon. Henry S. Kelley, Judge. _ 1. Tbe decree cannot be sustained upon tbe evidence. Plaintiff in bis form of action affirms tbe contract, seeks its specific performance, and bas failed to clearly make it out. Tbe evidence is clear and positive that tbe contract was as tbe defendants plead it, and tbe petition should bave been dismissed. {Paris v. Haley, 61 Mo. 453.) 2. Tbe court erred in the law of the case. Defendants set up tbe contract as it was, and relied upon it as their defense. Tbe title to real estate in a foreign jurisdiction was not involved;…
1Opinion of the CourtHenry, J.
*566 i. equity paaclien: cross-biii: harmless error of trial court.
*564— This was a suit in the Atchison circuit court to enforce a vendor’s lien for $400, with interest, *565from the first of September, 1871, against a tract of land in said county, purchased of plaintiff by Joseph C. Eaton, which he afterwards conveyed to his co-defendant, Timothy 0. Eaton, who, plaintiff alleged, had notice, when he purchased, that said balance of $400 was then due and unpaid. The consideration for the land was $4,000, of which plaintiff alleged that $3,600 was paid in property and cash, and in the assumption by Joseph…
2Cited by9 opinions
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- State ex rel. Delmar Jockey Club v. ZachritzSupreme Court of Missouri · 1901
- Hewitt v. PriceSupreme Court of Missouri · 1907
- Sisk v. MolinaroSupreme Court of Missouri · 1964
- State ex rel. Gavin v. MuenchSupreme Court of Missouri · 1910
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