South St. Joseph Land Co. v. Pitt
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.—Hon. A. M. •Woodson, Judge. (1) The vendor of real estate has the same right in equity to enforce specific performance as the vendee.
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Appeal from Buchanan Circuit Court.—Hon. A. M. •Woodson, Judge. (1) The vendor of real estate has the same right in equity to enforce specific performance as the vendee. Paris v. Haley, 61 Mo. 453; Rogers v. Wolf, 104 Mo. 1; Pomeroy on Specific Performance of Contracts, sec. 6, p. 6. (2) There being no fraud, accident or mistake in the transaction, the plaintiff is entitled to specific performance when he has performed or offered to perform the contract on his part. 3 Pomeroy on Equity Jurisprudence [1 Ed.] sec. 1407, p. 452, cases cited. (3) The court erred in admitting evidence in support…
1Opinion of the CourtBlack, J.
The plaintiff corporation, as vendor, brought this suit against James E. Pitt, the vendee, to enforce specific performance of a contract. The contract is dated August 25, 1888, is signed by both parties, and is in these words:
“I hereby agree to purchase from the South St. Joseph Land Company of St. Joseph, Missouri, lot 11, * * * in block 91, in South St. Joseph addition to St. Joseph, Missouri, and to pay said company therefor the sum of $1,961, one half of said sum one year after the time when the Omaha Steel Nail Company shall have their main buildings under roof, and the balance in two…
2Cited by10 opinions
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- South St. Joseph Land Co. v. BretzSupreme Court of Missouri · 1894
- Board of Com'rs of Kingfisher County v. GrimesSupreme Court of Oklahoma · 1919
- Lewis v. Brookdale Land Co.Supreme Court of Missouri · 1894
- Pérez v. CentraleSupreme Court of Puerto Rico · 1911
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