Hays v. Kansas City, Fort Scott & Gulf Railroad
Supreme Court of Missouri
Appeal from Webster Circuit Cotort. — Hon. W. I. Wallace, Judge. (1) The defendant is not entitled to a decree of specific performance, because the'evidence relied upon to establish the parol contract set up in answer is not of such character as will warrant the decree.
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Appeal from Webster Circuit Cotort. — Hon. W. I. Wallace, Judge. (1) The defendant is not entitled to a decree of specific performance, because the'evidence relied upon to establish the parol contract set up in answer is not of such character as will warrant the decree. Taylor v. Williams, 45 Mo. 80; Underwood v. Underwood, 48 Mo. 527 ; Paris v. Healey, 61 Mo. 453 ; Mastín v. Halley, 61 Mo. 196; Tedford v. Trimble, 87 Mo. 226; Vieth v. Gierth, 92 Mo. 97 ; Strange v. Crowley, 91 Mo. 287; Lapliam v. Dreisvogt, 36 Mo. App. 275. (2) If the parol contract relied upon is established by clear and…
1Opinion of the CourtMacfarlane, J.
The suit was ejectment to recover a lot of land in Springfield, Missouri, on which were located two sidetracks of defendant, and near to which were defendant’s depots. The lot sued for and described in the petition was one hundred feet wide fronting on the west side of Main street, and one hundred and fifty feet in length. One of the defendant’s sidetracks was within two feet of the south side of this lot. And the other was about seventy-five feet north of the first.
The defense was that the Springfield & Western Missouri Railway Company, defendant’s grantor, had taken possession of the…
2Cases cited1 opinion
- Emmel v. HayesSupreme Court of Missouri · 1890
3Cited by2 opinions
- Anderson v. AbernathySupreme Court of Missouri · 1960
- Shacklett v. CumminsSupreme Court of Missouri · 1917