Scheerer v. Scheerer
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. J. G. Slate, Judge. (1) When a verbal agreement has been properly part performed, say by the purchaser, equity recognizes in him exactly the same primary right which would have existed, if the contract had been written. The right to have the very thing done, which was agreed to be done. If this primary right or duty is violated by vendor’s refusal to perform, equity gives to the vendee its remedy of specific performance.
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Appeal from Moniteau Circuit Court. — Hon. J. G. Slate, Judge. (1) When a verbal agreement has been properly part performed, say by the purchaser, equity recognizes in him exactly the same primary right which would have existed, if the contract had been written. The right to have the very thing done, which was agreed to be done. If this primary right or duty is violated by vendor’s refusal to perform, equity gives to the vendee its remedy of specific performance. Pomeroy’s Equity (2 Ed.), sec. 103; Pomeroy’s Equity (21 Ed.), sec. 1409. (2) Equity will not permit the respondent in this case to…
1Opinion of the CourtHigbee, P. J.
Christian Scheerer is the father of the defendant. November 7, 1918, plaintiff brought this action of ejectment for the recovery of a farm in Moniteau County, containing about 100 acres, laying the ouster on August 8, 1918. The first count of defendant’s answer is a general denial. The second count avers that plaintiff was the owner of the l'and, and that on August — , 1903, defendant purchased it from plaintiff at the price of $5500, and, on or about August 20, paid $500 thereon; that plaintiff put defendant in possession and agreed that when defendant was ready to make some additional…
2Cases cited5 opinions
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Scannell v. American Soda Fountain Co.Supreme Court of Missouri · 1901
- Collins v. HarrellSupreme Court of Missouri · 1909
- Shacklett v. CumminsSupreme Court of Missouri · 1917
- Stanley v. BakerSupreme Court of Missouri · 1881
3Cited by18 opinions
- Jones v. LinderSupreme Court of Missouri · 1952
- Anderson v. AbernathySupreme Court of Missouri · 1960
- Rice v. GriffithSupreme Court of Missouri · 1942
- Alonzo v. LaubertSupreme Court of Missouri · 1967
- Plymouth Securities Company v. JohnsonSupreme Court of Missouri · 1960
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