McKee v. Higbee
Supreme Court of Missouri
Appeal from Clark Circuit Court. — How. E. B. McKee, Judge. (1) The specific performance of a contract, in equity, is a matter not of absolute right to the party seeking it but of sound discretion in tlie court, which may withhold or grant relief according to the circumstances of each particular case.
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Appeal from Clark Circuit Court. — How. E. B. McKee, Judge. (1) The specific performance of a contract, in equity, is a matter not of absolute right to the party seeking it but of sound discretion in tlie court, which may withhold or grant relief according to the circumstances of each particular case. Hence, it requires much less strength of case on the part of the defendant to resist a bill to perform a contract, than it does on the part of plaintiff to maintain a bill to enforce specific performance. Yeth v. Grierth, 92 Mo. 97; Paris v. Heiley, 61 Mo. 453; Young v. Daniels, 63 Am. Dec. 477;…
1Opinion of the CourtPox, J.
This is an action for specific performance. The amended petition, upon which this cause was tried, and the answer, fully disclose the controverted questions involved. They are as follows:
“Plaintiff for amended petition states:
“That in the month of November, 1869, Emaline Sisson, who then resided in St. Praneesville, Clark county, Missouri, was then a widow and childless, her only son having died in August preceding said date; that plaintiff was then a single woman, making her home with her father, T. AY. Anderson, near Newark, Knox county, Missouri; that said plaintiff was the only daughter…
2Cases cited14 opinions
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Sitton v. ShippSupreme Court of Missouri · 1877
- Rogers v. WolfeSupreme Court of Missouri · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State Ex Rel. Place v. BlandSupreme Court of Missouri · 1944
- Wales v. HoldenSupreme Court of Missouri · 1908
- Benjamin v. CronanSupreme Court of Missouri · 1936
- Marshall & Ilsley Bank v. SchuerbrockWisconsin Supreme Court · 1928
- Clemons v. ClemonsSupreme Court of Oklahoma · 1943
8 more not listed; retrieve them via the Exa API.