Berg v. Moreau
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. (1) To specifically enforce a verbal contract to convey land or to make a will devising land or bequeathing personalty, tbe contract must be established by clear, definite, unequivocal proof leaving no' room for a reasonable doubt. If. the terms are uncertain or ambiguous, or if not made out by satisfactory proof leaving no room for a reasonable doubt, specific performance will be refused.
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Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. (1) To specifically enforce a verbal contract to convey land or to make a will devising land or bequeathing personalty, tbe contract must be established by clear, definite, unequivocal proof leaving no' room for a reasonable doubt. If. the terms are uncertain or ambiguous, or if not made out by satisfactory proof leaving no room for a reasonable doubt, specific performance will be refused. Gibbs v. Whitwell, 164 Mo. 391; Berry v. Hartzell, 91 Mo. 132; Rogers v. Wolfe, 104 Mo. 1; Railroad v. McCarthy, 97 Mo. 214;…
1Opinion of the CourtLamm, J.
This is a suit in equity to enforce specific performance of an alleged oral contract between Francis Moreau, deceased, on the one part and Rosalie Berg, deceased, on the other, to make a will devising or otherwise conveying a certain small parcel of real estate in St. Louis county, and bequeathing certain chattels to said Rosalie Berg, in consideration of services to be by her rendered and which, it is alleged, were fully performed.
The chancellor, having decreed specific performance, defendant appealed. After the cause came here, Rosalie- Berg, plaintiff below, died testate, leaving her…
2Cited by28 opinions
- Savannah Bank & Trust Co. v. WolffSupreme Court of Georgia · 1940
- Selle v. SelleSupreme Court of Missouri · 1935
- Wales v. HoldenSupreme Court of Missouri · 1908
- Woods v. DunnOregon Supreme Court · 1916
- Bless v. BlizzardSupreme Court of Kansas · 1912
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