Ellis v. Estate of Wooley

CLARK, Presiding Judge.

This appeal is from a decree which ordered appellant executor specifically to perform an agreement made by appellant’s decedent with respondents to discount the balance payable under a real estate mortgage note. The issue is whether the unperformed contract of the decedent is specifically enforceable against the estate and the personal representative under the provisions of § 473.303, RSMo.Supp.1984.1 We conclude it was not and therefore reverse.

There is no dispute as to the facts. The note in question was given in 1981 in a real estate transaction and was payable to…