Mastin v. Grimes
Supreme Court of Missouri
Appeal from' Jackson Circuit Court. — TIon. F. M. Black, Judge. (1) By the contract sued on, plaintiff had an admitted right to the land; he did not by consent give up that right and if it is lost it must be by such conduct on Ms part as will make it inequitable if not fraudulent to assert it. (2) Time is not ordinarily of the essence of a contract. Waterman on Spec. Per., sec. 460; Pomeroy on Spec.
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Appeal from' Jackson Circuit Court. — TIon. F. M. Black, Judge. (1) By the contract sued on, plaintiff had an admitted right to the land; he did not by consent give up that right and if it is lost it must be by such conduct on Ms part as will make it inequitable if not fraudulent to assert it. (2) Time is not ordinarily of the essence of a contract. Waterman on Spec. Per., sec. 460; Pomeroy on Spec. Perf., sec. 371; Smith v. Lawrence, 15 Mich. 501; McKay v. Carrington, 1 McLean, 59 ; Hubbell v. Von Schoening, 49 N. Y. 330; Jones v. Bobbins, 29 Me. 351 ; Scarlet r. Stein, 40 Md. 525; Miller…
1Opinion of the Court
' Sherwood, J.
Plaintiff seeks specific performance «of an agreement in these words:
“Kansas City, Mo., April 13, 1881.
“ Received of D. C. Mastín ten dollars, being part purchase money for fifty feet by one hundred and thirty-two feet on the northwest corner Eighteenth and Cherry streets ; also twenty-five feet by one hundred and thirty-two feet on the southwest corner Eighteenth and Cherry streets, Kansas City, Missouri, the balance being thirty-six hundred and ninety dollars ($3690), to be paid as soon as abstract to said lots can be examined. ■ Abstract to be furnished by William B. Grimes.
“W…
2Cases cited8 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Davis v. ShieldsNew York Supreme Court · 1841
- Melton v. SmithSupreme Court of Missouri · 1877
- Brown v. EatonSupreme Court of Minnesota · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Green v. DitschSupreme Court of Missouri · 1898
- Winningham v. TruebloodSupreme Court of Missouri · 1899
- Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
- Kludt v. ConnettSupreme Court of Missouri · 1943
32 more not listed; retrieve them via the Exa API.