Rosenberger v. Jones
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M-Hughes, Judge. (1) The facts stated in the plaintiff’s petition-, should be clear, definite and positive, such as to leave no room or, reasonable grounds for hesitancy, in the mind of chancellor, as to his right to recover. Defendant’s demurrer should have been sustained. Forristerv.
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Appeal from Montgomery Circuit Court. — Hon. E. M-Hughes, Judge. (1) The facts stated in the plaintiff’s petition-, should be clear, definite and positive, such as to leave no room or, reasonable grounds for hesitancy, in the mind of chancellor, as to his right to recover. Defendant’s demurrer should have been sustained. Forristerv. Scoville, 51 Mo. 268. Hagman v. Shaffner, 88 Mo. 24. (2) The purchaser at an execution sale, acquires, no greater interest or right in the property sold than had the judgment or execution debtor, and in an action by the purchaser for specific performance, a…
1Opinion of the CourtBlack, P. J.
The plaintiff brought this suit against Juliet A. Jones and Joseph C. McClure to compel specific performance of a contract for the sale of two lots in the town of Jonesburg. The plaintiff claims the right to specific performance on the following facts: In the spring of 1883, the defendant Juliet A. Jones sold to the defendant McClure the two lots .for $80 to be paid thereafter. McClure took possession and built a small dwelling house upon them, but failed to pay the purchase price. The plaintiff became the purchaser of the property at a sheriff’s sale made in 1887, upon an execution issued on…
2Cases cited2 opinions
- Grumley v. WebbSupreme Court of Missouri · 1871
- Burke v. SeelySupreme Court of Missouri · 1870
3Cited by2 opinions
- State Ex Rel. State Highway Commission v. HartmanMissouri Court of Appeals · 1931
- Prendiville v. PrendivilleSupreme Court of Missouri · 1920