Dennison v. Keasby
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) In eases of specific performance, it is necessary to allege and prove the contract with the greatest particularity. “Specific performance of a contract cannot he decreed on doubtful evidence.” Chany v. Ins. Co., 62 Mo. App. 49; Wendover v. Baker, 121 Mo. 290; 2 Beach, Mod. Eq.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) In eases of specific performance, it is necessary to allege and prove the contract with the greatest particularity. “Specific performance of a contract cannot he decreed on doubtful evidence.” Chany v. Ins. Co., 62 Mo. App. 49; Wendover v. Baker, 121 Mo. 290; 2 Beach, Mod. Eq. Jur., secs. 582, 584. (2) The presumption in suits relating to specific performance of a contract relating to personal property, is that the court has not jurisdiction. It devolves on the plaintiff to plead and prove the inadequacy of the legal remedy. 2…
1Opinion of the CourtValliant, J.
This is an appeal by defendant Keasby from a decree of the circuit court of Jasper *411county, awarding the plaintiff capital stock to the amount of $20,000 in the defendant corporation, as in specific performance of a contract between plaintiff and defendant Keasby.
The petition states the case in effect as follows:
Plaintiff and defendant Keasby entered into a contract to organize a corporation-to purchase the property and business of the Joplin Brewing Company and to erect and' operate a. large brewery in Joplin. Keasby was to enlist the interest of capitalists to obtain the financial means…
2Cases cited2 opinions
- Johnson v. . BrooksNew York Court of Appeals · 1883
- Frue v. HoughtonSupreme Court of Colorado · 1882
3Cited by4 opinions
- Cole v. Cole Realty Co.Michigan Supreme Court · 1912
- Baumhoff v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1907
- Whiting v. Enterprise Land & Sheep Co.Supreme Court of Missouri · 1915
- State ex rel. School District v. GordonSupreme Court of Missouri · 1909