McQuary v. Missouri Land Co.
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Jas. T. Neville, Judge. (1) The contract or escrow agreement sued on in this case being entirely unilateral, with no consideration to support it, is therefore incapable of being specifically enforced. There is no mutuality of right and remedy finder its terms.
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Appeal from Greene Circuit Court. — Hon. Jas. T. Neville, Judge. (1) The contract or escrow agreement sued on in this case being entirely unilateral, with no consideration to support it, is therefore incapable of being specifically enforced. There is no mutuality of right and remedy finder its terms. The Scotch Land Company could not compel the plaintiffs to perform, and unless each party to the contract can compel the other to perform, then neither can compel the other to do so. The doctrine of mutuality of right and remedy in both parties is the true and main test in all cases. Neither…
1Opinion of the CourtGantt, J.
This is an appeal from a decree of the circuit court of Greene county in a suit brought by the plaintiffs for specific performances. The Missouri Land Company of Scotland (Limited) is a corporation organized under the laws of Great Britain and is organized to transact business in the State of *347Missouri, and owned about 71,000 acres of land in Barry county, Missouri.
Tbe plaintiff James H. McQuary is a citizen and resident of said county, and tbe Missouri Land & Development Company is a corporation organized under the.laws of Arizona, with its principal office in Boston in the State of…
2Cases cited4 opinions
- Holgate v. EatonSupreme Court of the United States · 1885
- Hollmann v. ConlonSupreme Court of Missouri · 1898
- Veth v. GierthSupreme Court of Missouri · 1887
- Pomeroy v. FullertonSupreme Court of Missouri · 1895
3Cited by8 opinions
- Wimer v. WagnerSupreme Court of Missouri · 1929
- Hillis v. BlanchardSupreme Court of Missouri · 1968
- Clarke v. MaischWisconsin Supreme Court · 1920
- Keliher v. CureIndiana Court of Appeals · 1989
- Calandro v. KoonsConnecticut Superior Court · 1951
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