Glass v. Rowe
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. This is an action for the specific performance of an alleged contract, and was commenced on the sixteenth day of May, 1887, in the circuit court of Jackson county, Missouri. Prior to and on the first day of March, 1886, the plaintiffs were residents of Kansas City, Missouri, and defendant was a resident of Kalamazoo, Michigan. Defendant was the owner of lot 69, in Swope’s addition to the said City of Kansas.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. This is an action for the specific performance of an alleged contract, and was commenced on the sixteenth day of May, 1887, in the circuit court of Jackson county, Missouri. Prior to and on the first day of March, 1886, the plaintiffs were residents of Kansas City, Missouri, and defendant was a resident of Kalamazoo, Michigan. Defendant was the owner of lot 69, in Swope’s addition to the said City of Kansas. J. T. Elliott -was a real-estate agent in Kansas City. On the twenty-seventh day of February, 1886, Elliott sent to Rowe, the…
1Opinion of the CourtGantt, P. J.
In every contract, however simple, or however complicated, the primary right of the party who is to receive the benefit is always a right to have the very thing done or omitted, which the other party promised to do or omit, a right to the specific acts or forbearances for which the agreement stipulates. Pomeroy on Contracts, sec. 2. And, because it so often happens upon the breach of many contracts that a mere pecuniary payment was utterly inadequate relief, there early arose the jurisdiction in courts of equity to enforce specific performance of contracts.
In the administration of this right…
2Cases cited12 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Duffy v. HobsonCalifornia Supreme Court · 1870
- Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
- Gilbert v. BaxterSupreme Court of Iowa · 1887
- Ramsey v. WestMissouri Court of Appeals · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Donovan v. BoeckSupreme Court of Missouri · 1909
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1926
- Kludt v. ConnettSupreme Court of Missouri · 1943
- Hollmann v. ConlonSupreme Court of Missouri · 1898
- Nokol Company v. BeckerSupreme Court of Missouri · 1927
11 more not listed; retrieve them via the Exa API.