Hollmann v. Conlon
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. JohnM. Wood, Judge. (1) The granting of a decree for specific performance is at all times a matter of discretion, not a matter of right, and such a decree may be granted or refused as the court may think proper under all the circumstances of the case, or plaintiff may be remitted to his action at law.
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Appeal from St. Louis City Circuit Court. — Hon. JohnM. Wood, Judge. (1) The granting of a decree for specific performance is at all times a matter of discretion, not a matter of right, and such a decree may be granted or refused as the court may think proper under all the circumstances of the case, or plaintiff may be remitted to his action at law. Story’s Eq., par. 742; Veth v. Gierth, 92 Mo. 97, 104; Paris v. Haley, 61 Mo. 453; Pomeroy v. Fullerton, 131 Mo. 581. (2) There are few eases in which a court of equity will insist on the maxim that he who seeks equity must do equity with more…
1Opinion of the CourtSherwood, J.
Specific performance was asked and obtained upon the following unilateral contract, to wit:
“Office of Green & Lamotte,
“S. E. Cor. Eighth and Chestnut Streets, “No. 47. St. Louis, January 7th, 1893.
“Received of Henry C. Hollmann the sum of one hundred dollars, in part payment for a certain parcel of improved property, lying in city block No. 34, and having a front of twenty feet, six inches on the west side of Main or First street, by a depth of one hundred and forty-one feet nine inches, to an alley, and being lot 6 of said block, together with the improvements thereon, being building known…
2Cases cited2 opinions
- Coleman v. ApplegarthCourt of Appeals of Maryland · 1887
- Glass v. RoweSupreme Court of Missouri · 1890
3Cited by16 opinions
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Donovan v. BoeckSupreme Court of Missouri · 1909
- Abell v. BishopMontana Supreme Court · 1930
- Chapman v. BreezeSupreme Court of Missouri · 1946
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