Biddle v. Ramsey
Supreme Court of Missouri
Error to St. Louis Circuit Court. A party cannot by his misconduct prevent an award, and take advantage of it, in equity. (Morse vs. Merest,6 Madd. Ch., 25.) An agreement of parties not to sue each other, in the adjustment of any difficulties in the courts of the country, but to submit them all to arbitration, will hardly be pleaded successfully in bar of such an action.
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Error to St. Louis Circuit Court. A party cannot by his misconduct prevent an award, and take advantage of it, in equity. (Morse vs. Merest,6 Madd. Ch., 25.) An agreement of parties not to sue each other, in the adjustment of any difficulties in the courts of the country, but to submit them all to arbitration, will hardly be pleaded successfully in bar of such an action. (2 Ohitty’s Gen. Pr.; 80, and cases cited in notes.) Nor will a court of equity decree a specific performance of such an agreement. (1 Ohitty’s Gen. Pr., 851.) The defendant is protected from unlawful detainer. (1 W. S. 732,…
1Opinion of the CourtSherwood, Judge
This was a suit in the nature of a bill in Chancery. The petition in substance sets forth that John Biddle, on the first day of January, 1853, was the' owner of certain premises in the City of St. Louis, and that on that day, said Biddle demised said lot of ground to defendant for the term of ten years from and after said date, at a certain yearly rent as ascertained and set forth in a certain deed of lease of that date, executed by said Biddle and said defendant Ramsey; that by the terms of said lease, said defendant was during the first five years of said term, to pay to said Biddle $200…
2Cited by26 opinions
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- Pomeroy v. BentonSupreme Court of Missouri · 1874
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Coles v. PeckIndiana Supreme Court · 1884
- Town of Bristol v. Bristol & Warren Water WorksSupreme Court of Rhode Island · 1896
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