Aiple-Hemmelmann Real Estate Co. v. Spelbrink
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — if o». Jno. W. McElhinney, Judge. (1) The testimony shows that it was the intention of the parties to reduce the contract shown in evidence to writing, and sign the same “in triplicate,” and the written instrument shows upon its face that it was to be executed “in triplicate” before being binding upon either, and until so executed, it was inchoate; it was not admissible in evidence for any purpose, not even against the party…
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Appeal from St. Louis County Circuit Court. — if o». Jno. W. McElhinney, Judge. (1) The testimony shows that it was the intention of the parties to reduce the contract shown in evidence to writing, and sign the same “in triplicate,” and the written instrument shows upon its face that it was to be executed “in triplicate” before being binding upon either, and until so executed, it was inchoate; it was not admissible in evidence for any purpose, not even against the party executing it, and the objection to it should have been sustained. Greene v. Cole, 103 Mo. 70; Crane v. Portland, 9 Mich.…
1Dissent
IN BANC.
DISSENTING OPINION.
LAMM, J.
— I agree to paragraphs one, two and five of the opinion by my brother Woodson, but not with his disposition of the question of dower in other paragraphs, nor with the reasoning upon which it is *717put. Some authorities sustain the conclusion announced; but, it is earnestly submitted, the main current of modern authority runs strongly and broadly the other way.
The .question is: May a vendee have specific performance of a contract for the conveyance of real estate, with abatement of price pro tanto for an outstanding inchoate dower right?
The proposition is of…
2Cases cited21 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Wright v. YoungWisconsin Supreme Court · 1858
- Townsend v. BlanchardSupreme Court of Iowa · 1902
- Squire v. HarderNew York Court of Chancery · 1829
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