Ryan v. Dunlap
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H; Slover, Judge. (1) Ryan had the right to demand an allowance for the shortage in the lot of ten feet, and was not put in default by doing so. Hillv. Buckley, 17 Yes. 394; Jones v. Schackelford, 2 Bibb. 410; Collins v. Smith, 1 Head, 251; Wood v. Griffith, 1 Swan. 54. (2) Mrs. Dunlap, having contracted to convey more land than she had, was at once in default and could not declare a forfeiture.
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Appeal from Jackson Circuit Court. — Hon. J. H; Slover, Judge. (1) Ryan had the right to demand an allowance for the shortage in the lot of ten feet, and was not put in default by doing so. Hillv. Buckley, 17 Yes. 394; Jones v. Schackelford, 2 Bibb. 410; Collins v. Smith, 1 Head, 251; Wood v. Griffith, 1 Swan. 54. (2) Mrs. Dunlap, having contracted to convey more land than she had, was at once in default and could not declare a forfeiture. Many courts hold that she could not enforce specific performance at' all, and none that she could do so without an abatement in the price. Pomeroy on…
1Opinion of the CourtGantt, P. J.
This is a suit in equity for the specific performance of the following agreement:
“Kansas City, Mo., June 17,1887.
“Received from Lewis C. Ryan, purchaser, $1,000 as part payment of the purchase money for all of lots 1, 2, 3, 4 and 5, block ‘E,’ Lockbridge’s addition to the City of Kansas, state of Missouri, as shown on *614recorded plat of same, being two hundred thirty-seven and one-half feet on Troost avenue by one hundred and fifty feet on Twenty-second street (the southeast corner), this day sold to Lewis 0. Ryan, by McElroy & Lesueur, agents for Mrs. M. L. Dunlap, for $23,750, payable as…
2Cases cited4 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Stewart v. WoodSupreme Court of Missouri · 1876
- McQueen v. Chouteau's HeirsSupreme Court of Missouri · 1855
- Hamilton v. HamiltonSupreme Court of Missouri · 1875
3Cited by2 opinions
- Otto v. YoungSupreme Court of Missouri · 1910
- Bobst v. SonsSupreme Court of Missouri · 1952