McElroy v. Maxwell
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. GriLL, Judge. (1) Specific performance is not an absolute right. It is a matter of sound judicial discretion, exercised upon a consideration of all the facts and circumstances of each case in which it may be sought.
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Appeal from Jackson Circuit Court. — Hon. T. A. GriLL, Judge. (1) Specific performance is not an absolute right. It is a matter of sound judicial discretion, exercised upon a consideration of all the facts and circumstances of each case in which it may be sought. Paris v. Haley, 61 Mo. 461; Ivory v. Murphy, 36 Mo. 542; Hu-rritt v. Hook, 8 Mo. 382; Fish v. Lightner, 44 Mo. 272; Taylor v. Williams, 45 Mo. 83, 84 ; Fish v. Lesser, 69 111. '395; Lear v. Chouteau, 23 111. 39; Forcetly v. Barnhart, 1 P. P. Smith, 281; Snell v. Mitchell, 65 Me. '50; Rust v. Conrad, 47 Mich. 454; Pomeroy on Con.,…
1Opinion of the CourtSherwood, J.
This is a proceeding for specific performance, instituted in the Jackson circuit court for one hundred and twenty acres of land lying in the vicinity of Kansas City.
Having carefully read the evidence, and given it much consideration, the following statement will present a sufficiently accurate history of the transaction to form the basis of the conclusions hereafter drawn therefrom :
Hughes, the whilom elder in the church and Sunday-school superintendent, went to the house of Mrs. Maxwell, a member of the same church, on Saturday, March 1, 1884, ostensibly to buy hogs y but in reality to buy…
2Cases cited4 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Rust v. ConradMichigan Supreme Court · 1882
- Mississippi & Missouri Railroad v. CromwellSupreme Court of the United States · 1876
- Fish v. LeserIllinois Supreme Court · 1873
3Cited by20 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Lins v. LenhardtSupreme Court of Missouri · 1895
- Eisenbeis v. ShillingtonSupreme Court of Missouri · 1941
- Leach v. McFaddenSupreme Court of Missouri · 1892
- Miller v. McCalebSupreme Court of Missouri · 1907
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