Diffenderfer v. Board of President of St. Louis Public Schools
Supreme Court of Missouri
Appeal from St. Loins City Circuit Court. — Hon. Daniel Dillon, Judge. (1) It is a matter resting in tho sound discretion of the court to grant or refuse a decree for a specific performance of a contract, and it will always be denied where it would be harsh, oppressive or inequitable under all the circumstances to grant it.
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Appeal from St. Loins City Circuit Court. — Hon. Daniel Dillon, Judge. (1) It is a matter resting in tho sound discretion of the court to grant or refuse a decree for a specific performance of a contract, and it will always be denied where it would be harsh, oppressive or inequitable under all the circumstances to grant it. Taylor v. Williams, 45 Mo. 80; Southworth v. Hopkins, 11 Mo. 331; Yerth v. Cierth, 92 Mo. 97; Willarcl v. Tayloe, 75 U. S. 557; McElroy v. Maxwell, 101 Mo. 294. (2) The renewal demanded is in the form of an option, and hence lacks mutuality. The court will refuse the.…
1Opinion of the CourtBueg-ess, J.
This is a suit in equity by plaintiffs for a specific performance of a covenant for the renewal of a lease demising public school realty, lying in the city of St. Louis, for a term of fifty years from the first day of September, 1840. The covenant contained in the old lease is as follows:
“And it is covenanted and agreed, by and between the said parties, that at the end of the term hereby demised, this lease shall be renewable at the option of the party of the second part, his executors, administrators or assigns, he or they giving to the party of the first part, in every instance,. a notice…
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