Pomeroy v. Fullerton
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) It was not incumbent upon plaintiff to allege either that Reveley or the plaintiff erected the dwelling houses mentioned in the agreeement, or to give any sufficient reason .for the non-performance of that part of the agreement. The' improvement of the property was not to be begun until after the delivery of the deed and possession under it.
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Appeal from St. Louis City Circuit Court. (1) It was not incumbent upon plaintiff to allege either that Reveley or the plaintiff erected the dwelling houses mentioned in the agreeement, or to give any sufficient reason .for the non-performance of that part of the agreement. The' improvement of the property was not to be begun until after the delivery of the deed and possession under it. The deed has never been delivered, and neither has Reveley nor the plaintiff been in possession of the property. (2') It was not necessary that plaintiff should specifically allege tender of money and request…
1Opinion of the CourtBbace, J.
This is an appeal from a judgment of the circuit court of the city of St. Louis sustaining a demurrer to the-following petition:
“Plaintiff states that heretofore, to-wit, on.the nineteenth day of April, 1883, the said defendant, Joseph S. Fullerton, was the owner in fee and seized of the following described real estate situate in the city of St. Louis and state of Missouri, to-wit: A certain tract or parcel of land commencing at the intersection of-the west line of Boyle avenue with the north line of McPherson avenue; thence running about one thous- and feet west with the north line of…
2Cases cited5 opinions
- Stuyvesant v. Mayor of New-YorkNew York Court of Chancery · 1845
- Melton v. SmithSupreme Court of Missouri · 1877
- Curry v. LackeySupreme Court of Missouri · 1865
- Peake v. BellSupreme Court of Missouri · 1877
- Kern v. South St. Louis Mutual InsuranceSupreme Court of Missouri · 1867
3Cited by19 opinions
- Waugh v. WilliamsSupreme Court of Missouri · 1938
- State ex rel. Anderson Motor Service Co. v. Public Service CommissionMissouri Court of Appeals · 1939
- Union Sewer Pipe Co. v. OlsonSupreme Court of Minnesota · 1901
- State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914
- McPherson v. HattichArizona Supreme Court · 1906
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