Whiting v. Enterprise Land & Sheep Co.
Supreme Court of Missouri
Appeal from Shannon Circuit Court. — Eon. W. N~ Evans, Judge. (1) The petition fails to state sufficient facts to constitute a cause of action. Appellant’s objection to the introduction of any evidence should have been sustained. Secret Service Co. v. Mfg. Co., 125 Mo. 156; Davis v. R. E. Co., 115 Mo.
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Appeal from Shannon Circuit Court. — Eon. W. N~ Evans, Judge. (1) The petition fails to state sufficient facts to constitute a cause of action. Appellant’s objection to the introduction of any evidence should have been sustained. Secret Service Co. v. Mfg. Co., 125 Mo. 156; Davis v. R. E. Co., 115 Mo. App. 338; Coal & Iron Co. v. Long, 231 Mo. 605; Wendover v. Baker, 121 Mo. 290;. Mastín v. Haley, 61 Mo. 200; McCall v. Atchley, 256 Mo. 54. (2) To sustain a decree for specific performance of a contract, it must be shown that plaintiff complied with all the requirements of the contract on his…
1Opinion of the Court
OPINION.
BOND, J.
(After stating the facts as above.) — No., question can exist as to the right to sue in equity for. the specific performance to deliver shares of stock,, whenever it is shown that the shares contracted for, have no market value, or are difficult to obtain else-, where, or there is some reasonable cause for the delivery of the particular shares arising out of the relation they bear to the control of the corporation. In all, such cases the action for damages at law is wholly, inadequate and complete relief can only be had in. equity., [Hagan v. Bank, 182 Mo. l. c. 335; O’Neill…
2Cases cited3 opinions
- Senn v. Union Premium & Mercantile Co.Missouri Court of Appeals · 1906
- O'Neill v. WebbMissouri Court of Appeals · 1899
- Dennison v. KeasbySupreme Court of Missouri · 1906
3Cited by7 opinions
- Robinson v. FieldSupreme Court of Missouri · 1938
- McCullough v. NewtonSupreme Court of Missouri · 1961
- Francis v. MedillCourt of Chancery of Delaware · 1928
- Francis v. MedillCourt of Chancery of Delaware · 1928
- Powell v. KennedySupreme Court of Missouri · 1971
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