Spahr v. Cape
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) The remedy by injunction to prevent the violation of a negative agreement, or a contract not to do a particular thing, is closely akin to the remedy by way of the specific performance of an agreement of an affirmative nature. By enjoining the violation of a negative contract a court of equity in effect decrees its specific performance.
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) The remedy by injunction to prevent the violation of a negative agreement, or a contract not to do a particular thing, is closely akin to the remedy by way of the specific performance of an agreement of an affirmative nature. By enjoining the violation of a negative contract a court of equity in effect decrees its specific performance. And the jurisdiction of a court of equity to grant such injunction is substantially coincident with its jurisdiction to compel specific performance. Both are governed by the same…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— Oases involving the question of infringement and en-, forcement of restrictions on the use and occupation of lots and tracts of land, particularly in and adjoining the city of St. Louis, have been before this court and have been so carefully considered and the law relating thereto so clearly stated and settled that it is not necessary to undertake any extensive discussion of the principles underlying this class of cases.
In Hall v. Wesster, 7 Mo. App. 56, decided in 1879, in a carefully considered opinion, delivered by Judge Bakewell, this court announced the rule…
2Cases cited9 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Bales v. PerrySupreme Court of Missouri · 1873
- Coughlin v. BarkerMissouri Court of Appeals · 1891
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Schadt v. BrillMichigan Supreme Court · 1913
- Ludgate v. SomervilleOregon Supreme Court · 1927
- Bethea v. LockhartCourt of Appeals of Texas · 1939
- Continental Oil Co. v. FennemoreArizona Supreme Court · 1931
- Strong v. HancockCalifornia Supreme Court · 1927
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