Tebeau v. Ridge
Decision Date | 17 November 1914 |
Docket Number | No. 16219.,No. 16218.,16218.,16219. |
Citation | 261 Mo. 547,170 S.W. 871 |
Parties | TEBEAU v. RIDGE. SAME v. RIDGE et al. |
Court | Missouri Supreme Court |
En Banc. Appeal from Circuit Court, Jackson County; John G. Park, Judge.
Suit for specific performance by George Tebeau against Thomas S. Ridge and another. From a decree for complainant for less than the relief demanded, defendant appeals, and complainant prosecutes a cross-appeal. Affirmed on defendant's appeal, and reversed, with instructions on complainant's cross-appeal.
Suit from Jackson county in equity for specific performance of a contract to convey land. Tebeau (hereafter called plaintiff to distinguish him, since the case is here on cross-appeals) had a decree against Thomas S. Ridge, hereafter called defendant, but upon the refusal of the court nisi to diminish the purchase price by the value of the inchoate dower of Effie S. Ridge, wife of defendant Thomas S. Ridge, hereafter called Mrs. Ridge, said Tebeau appealed.
The status of these appeals, which have been consolidated by stipulation, is, then, that defendant is appealing as against plaintiff, for that the latter obtained any decree whatever, while plaintiff is appealing as against Mrs. Ridge, for whom the court found, for that no diminution was decreed to him for the inchoate dower of Mrs. Ridge. The latter does not appeal.
The learned trial court made and filed his findings of fact, which throw much light upon the case made and are besides the subject of criticism leveled at them by defendant. For the latter reason, and since they succinctly set out the facts and greatly shorten our statement, we set them out, as follows:
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