Kelly v. Thuey
Supreme Court of Missouri
Appeal from Jaelcson Circuit Court. — Hon. J. H. Slover, Judge. (1) Plaintiff is here seeking aid of a court of equity to compel specific performance of a contract and must come with clean hands. When an agreement is tainted with fraud, misrepresentations, or obtained by unfair means, equity will not lend its aid to its enforcement. Pomeroy on Spec.
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Appeal from Jaelcson Circuit Court. — Hon. J. H. Slover, Judge. (1) Plaintiff is here seeking aid of a court of equity to compel specific performance of a contract and must come with clean hands. When an agreement is tainted with fraud, misrepresentations, or obtained by unfair means, equity will not lend its aid to its enforcement. Pomeroy on Spec. Perf., sec. 175, pp. 243, 244. (2) The writing did not contain the real agreement, there being omitted from it that the vendee should pay for abstract, taxes for 1887 and 1888. If contract was signed on representation of party procuring it, that…
1Opinion of the CourtBlack, J.
This is an action for the specific performance of the following contract, which is dated the sixteenth of December, 1885 :
“Received of D. T. Kelly $50, being in part payment of the purchase price of fifty-two feet by fifty off the west end of lot number * * *. I agree to make and deliver a good and sufficient warranty deed conveying said premises to said Kelly free of all incumbrances without delay, and as soon as the abstract of title thereto shall have been examined and approved, at which time said Kelly shall pay to me the sum of $950 in cash and (six hundred and sixty-four dollars) the…
2Cases cited5 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Briggs v. MunchonSupreme Court of Missouri · 1874
- Steiner v. ZwickeySupreme Court of Minnesota · 1889
- Klostermann v. LoosSupreme Court of Missouri · 1874
- Higgins v. DellingerSupreme Court of Missouri · 1856
3Cited by19 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Sanger v. WarrenTexas Supreme Court · 1898
- Cowan v. CurranIllinois Supreme Court · 1905
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Black v. DonelsonSupreme Court of Oklahoma · 1920
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