Huff v. Shepard
Supreme Court of Missouri
Appeal from, Iron Circuit Court. I. One prominent clause in this contract, is tliis: “The balance of purchase money to be paid on sncli terms as may be agreed on between said parties.” If defendant, though able to fulfill bis contract, cannot be jndicially compelled to do so, the jurisdiction of equity is at an end. (Adams’ Eq., p. 81; Kemble vs. Kean, 6 Sim., 333; Wiley vs. Robert, 31 Mo., 215 ; Fry Spec.
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Appeal from, Iron Circuit Court. I. One prominent clause in this contract, is tliis: “The balance of purchase money to be paid on sncli terms as may be agreed on between said parties.” If defendant, though able to fulfill bis contract, cannot be jndicially compelled to do so, the jurisdiction of equity is at an end. (Adams’ Eq., p. 81; Kemble vs. Kean, 6 Sim., 333; Wiley vs. Robert, 31 Mo., 215 ; Fry Spec. Perf., §§ 185, 203, 221; Milnes vs. Gery, 14 Yes., 400; S. W. R. R. Co. vs. Wyt-hes, 5 DeG. M. & G.? 888; Potts vs. Whitehead, 5 C. E. Green, [20 N. J. Chancery,] 50 ; Taylor vs.…
1Opinion of the CourtLewis, Judge
Suit was instituted to compel specific performance of a written agreement. A summons was issued which was not expressed to run in the name of the State of- Mo., and after-wards another was issued in proper form. Both were served on the defendant in St. Louis county, where he resided.' At the return term, defendant, appearing only for that purpose, and “not intending to confer jurisdiction of his person,” moved to quash both writs, because they were issued and attested by the-plaintiff himself as clerk of the Circuit Court, and the second one for the additional reason that the first had been…
2Cases cited2 opinions
- Smith's Administrator v. RollinsSupreme Court of Missouri · 1857
- Dougherty v. President & Faculty of St. Vincent's CollegeSupreme Court of Missouri · 1873
3Cited by19 opinions
- Wilson v. BeatyCourt of Appeals of Texas · 1919
- P. R. T. Investment Corp. v. RanftSupreme Court of Missouri · 1952
- Anderson v. AndersonMissouri Court of Appeals · 1893
- State ex rel. Plummer v. GideonSupreme Court of Missouri · 1893
- Bentzen v. H. N. Ranch, Inc.Wyoming Supreme Court · 1958
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