O'Fallon v. Kennerly
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit to enforce the specific performance of a bond to convey certain real estate. The facts sufficiently appear in the opinioh of the court, and in Dover v. Kennedy, 44 Mo. 145, and 38 Mo. 469. In equity, time is not of the essence of the contract; and equity will relieve against a non-compliance with the terms as to time, where it would be inequitable for a party to take advantage of the forfeiture.
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Appeal from St. Louis Circuit Court. This was a suit to enforce the specific performance of a bond to convey certain real estate. The facts sufficiently appear in the opinioh of the court, and in Dover v. Kennedy, 44 Mo. 145, and 38 Mo. 469. In equity, time is not of the essence of the contract; and equity will relieve against a non-compliance with the terms as to time, where it would be inequitable for a party to take advantage of the forfeiture. (Seaton v. Slade, 7 Yes. 265, and notes ; 2 White & Tud. L. C. Eq. 877, 398; Langworth v. Taylor, 14 Pet. 372; 2 Sto. Eq. 776, and notes ; Edgerton…
1Opinion of the CourtBliss, Judge
One J. B. Dover was indebted to the plaintiff in six promissory notes for $383.33 each, dated February 2, 1858, due, with interest, in from one to six years respectively, which notes were secured by deed of trust upon the property in controversy. Dover paid the first two notes, and the plaintiff sold to defendants the third and fourth. The notes thus sold to defendants'' not being paid, they directed the trustee to offer the property for sale, and the plaintiff bid it off, but was unable to pay his bid, whereupon it was again offered, and bid in by the defendants for $530, which sum was…
2Cases cited2 opinions
- Dover v. KennerlySupreme Court of Missouri · 1866
- Dover v. KennerlySupreme Court of Missouri · 1869
3Cited by16 opinions
- Clarno v. GraysonOregon Supreme Court · 1896
- Suhre v. BuschSupreme Court of Missouri · 1938
- Parkhurst v. Lebanon Publishing Co.Supreme Court of Missouri · 1947
- Glass v. RoweSupreme Court of Missouri · 1890
- Mahon v. LeechNorth Dakota Supreme Court · 1902
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