Kelly v. Thuey
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. Frank Hagerman, Special Judge. (1) In actions for specific performance eacli case must be determined on its own merits. If upon a whole view of the facts and circumstances, the court shall be of the opinion that the contract is fair, just and equitable, it'will use its extraordinary authority and decree specific performance. Ivory v. Murphy, 36 Mo. 542; 2 Story?s Eq. Jur. [13 Ed.], sec. 742; Tyson v. Watts, 1 Md.
Read the full summary
Error to Jackson Circuit Court. — Hon. Frank Hagerman, Special Judge. (1) In actions for specific performance eacli case must be determined on its own merits. If upon a whole view of the facts and circumstances, the court shall be of the opinion that the contract is fair, just and equitable, it'will use its extraordinary authority and decree specific performance. Ivory v. Murphy, 36 Mo. 542; 2 Story?s Eq. Jur. [13 Ed.], sec. 742; Tyson v. Watts, 1 Md. Ch, 13. (2) The findings of the ..Supreme Court on the facts at issue in the previous actions are final. Wells on Res. Adj. [1 Ed.], secs. 368.…
1Opinion of the CourtSherwood, J.
This cause has been here before, 102 Mo. 522; it is an equitable proceeding for specific performance, and the record has been handed me by the present chief justice in order that I may prepare an opinion. The suit is grounded on the following contract:
“Kansas City, Mo., Dec. 16, 1885.
“Received of D. T. Kelly, fifty dollars, being in part payment of the purchase price of fifty-two feet by fifty off the west end of lot No. 7, block 12, of Vineyard’s Addition to the City of Kansas, Jackson county, Mo. I agree to make and deliver a good and sufficient warranty deed conveying said premises to said…
2Cases cited22 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- Grafton v. CummingsSupreme Court of the United States · 1879
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
17 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Taylor v. SartoriousMissouri Court of Appeals · 1908
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
60 more not listed; retrieve them via the Exa API.