Melton v. Smith
Supreme Court of Missouri
Appeal from Moniteau Circuit Court.—Hon. T. M. Rice, Judge. The points relied on by the defendant to defeat a specific performance, are as follows : 1 a. The lapse of five years and nine months from the execution of the title bond to the tender of the purchase money. See Eastman v. Palmer, 46 N. H. 479 ; Pry, on Sp.
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Appeal from Moniteau Circuit Court.—Hon. T. M. Rice, Judge. The points relied on by the defendant to defeat a specific performance, are as follows : 1 a. The lapse of five years and nine months from the execution of the title bond to the tender of the purchase money. See Eastman v. Palmer, 46 N. H. 479 ; Pry, on Sp. Perf. 412 to 430; O'Rourke v. Percival, 2 Ball & B. 58; Shuffleton v. -Pitzer, 1 Morris (Iowa) 427; Brashier v. Gratz, 6 Wheat. 528; Pratt_ v. Carroll, 8 Cranch. 471; Watson v. Reid, 1 Russ. & Mylne 236; McNeil v. Magee, 5 Mason 244; Benedict v. Lynch, 1 John. Ch. 370 ; Haughwout…
1Opinion of the CourtSherwood, C. J.
Melton, as the assignee of James Atkisson, brings this suit for specific performance of a contract respecting certain real estate in the city of Sedalia. Suit brought in August, 1866.
Smith and Bouldin, in 1860, owned the town site of Sedalia, then recently laid out; the former an undivided three-fourths, and the latter an undivided one-fourth interest. The contract made the basis of this, proceeding, was entered into November 18, 1860, and shows that Atkissoh and McKernan purchased of Smith and Bouldin certain lots, at the price of $600, payable in six months, and for which the note of the…
2Cases cited10 opinions
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- Douthitt v. StinsonSupreme Court of Missouri · 1876
- Kennedy v. Estate of KennedySupreme Court of Missouri · 1874
- Street v. GossSupreme Court of Missouri · 1876
- Rice v. BunceSupreme Court of Missouri · 1872
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