Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

Full Text

1,654 chars

But in this case we need not go as far as courts uniformly go. We need not say that a verbal contract to' sell or surrender the plaintiff’s claim, if founded- upon- a good consideration, wóuld be specifically enforced, if it should be found-necessary for'a defendant to appeal-to a court for that-purpose-; but'-it" seems very clear to me -that the plaintiff himself coiild not Coihe into court for its-equitable aid, as though na such "surrender had been made. The plaintiff had an equitable, unadjusted claim"upon'the renewal of-'a certain" leasehold. - He prosecútéd’a-claim'for the improvements ' upon the leasehold -propertysubsequently’ the parties settle their-controversies, including this suit -and all matters pertaining to the lease, and the plaintiff receives the money demanded. ' Everything was done that could be done in éxé'cútion of the settlement; the money was paid, a receipt was given, ’the *588suit was dismissed, and the defendant was left in the quiet enjoyment of the property. No deed of release was necessary, for defendant had a perfect record title, and no possession could he delivered, for it was already had; and now, with the money in his pocket, the plaintiff again comes into a court of conscience to enforce his original claim, and being confronted by his discharge, replies that it was not in writing, and that he is entitled to the same aid as though it had never been given. The claim so affronts all my ideas as to the office of a court of equity that its Statement seems to me to refute it. No greater fraud could be practiced than to enforce a claim thus relinquished. The plaintiff is estopped from pursuing it.

Other Sections in This Document (174)

Full Text