Scannell v. American Soda Fountain Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The plaintiff fully performed the contract in all respects. (a) The contract identifies the lot to be transferred by plaintiff as the one on which “is situated the double three-story brick building, marked and known as Nos. 310 and 312 Market street.” This is a more specific description of the lot to be conveyed than the general words import, which describe mere space.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The plaintiff fully performed the contract in all respects. (a) The contract identifies the lot to be transferred by plaintiff as the one on which “is situated the double three-story brick building, marked and known as Nos. 310 and 312 Market street.” This is a more specific description of the lot to be conveyed than the general words import, which describe mere space. The house is a fixed and visible object, a monument. It is well-settled law in Missouri that in describing property of this class, calls for visible…
1Opinion of the CourtValliant, J.
This is a suit in equity to enforce specific performance of a contract for the exchange of lands.
By written agreement between the parties in June, 1897, defendant agreed to convey to plaintiff certain real estate on Pine street in St. Louis, particularly described in the petition, for which plaintiff agreed to pay $10,000 and convey to defendant certain real estate on Market street in that city, also particularly described in the petition. The contract provided “that if any defect should be found in the title to either of said properties, so that this contemplated trade can not be made, then…
2Cases cited27 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Grandy v. CaseySupreme Court of Missouri · 1887
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
22 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Moore v. HoffmanSupreme Court of Missouri · 1931
- Francone v. McClayHawaii Supreme Court · 1955
- Long v. Lackawanna Coal & Iron Co.Supreme Court of Missouri · 1911
- Scheerer v. ScheererSupreme Court of Missouri · 1921
- Hinton v. MartinSupreme Court of Arkansas · 1922
18 more not listed; retrieve them via the Exa API.