Ellis v. Estate of Wooley

I respectfully dissent.

The majority opinion holds that in order for specific performance to be available to the purchasers of the promissory note, the remedy of specific performance must have been available under § 473.303, RSMo. Supp.1984, before Mrs. Wooley’s death. Since Mrs. Wooley could not specifically perform at the time of or before her death (because of Mrs. McCabe’s outstanding interest in the note and mortgage), the opinion says, the personal representative could not be called upon to perform in specie even after the defense of impossibility of performance was removed.

The opinion…