Fidelity Loan Securities Co. v. Moore
Supreme Court of Missouri
Appeal from Polk Circuit Court.— Hon. G. H. Skinker, - Judge. (1) Tlie assignee of a written contract for tlie sale or purchase of land can maintain in his own name a suit for specific performance. 36 Cyc. 758. (2) Specific performance is not one wholly resting in the discretion of the court, but one to be exercised by a just and reasonable discretion and not in an arbitrary or caprim ious manner.
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Appeal from Polk Circuit Court.— Hon. G. H. Skinker, - Judge. (1) Tlie assignee of a written contract for tlie sale or purchase of land can maintain in his own name a suit for specific performance. 36 Cyc. 758. (2) Specific performance is not one wholly resting in the discretion of the court, but one to be exercised by a just and reasonable discretion and not in an arbitrary or caprim ious manner. Kirkpatrick v. Pease, 202 Mo. 493; Evans v. Evans, 196 Mo. 23; McCall v. Atchley, 256 Mo. 54; Beheret v. Myers, 240 Mo. 77; Edwards v. Watson, 258 Mo. 646. (3),. Specific performance will lie in…
1Opinion of the CourtGraves, J.
This is an action by an assignee of a vendor of. certain Texas real estate, to specifically enforce the contract. Petition was filed in two counts. The first count was a simple action at law upon a promissory note. The second count was in equity for the specific performance of a certain contract pleaded and set out in Jiaec verba in the petition. Demurrers were filed to both counts of the petition. The court overruled the demurrer to the first count, but sustained the demurrer to the second count. Thereupon the plaintiff dismissed the first count, and elected to stand upon the second count.…
2Cited by13 opinions
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- Mochar Sales Company v. MeyerSupreme Court of Missouri · 1963
- Hansen v. DuvallSupreme Court of Missouri · 1933
- Columbian Nat. Life Ins. Co. v. KeyesCourt of Appeals for the Eighth Circuit · 1943
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