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For Your Data Skelly Stone Oil Co. V. Ashmore Illustration Brief

Skelly Oil Co. v. Ashmore case brief summary
365 S.W.2d 582 (1963)

CASE SYNOPSIS
Defendants appealed from a judgment of the Circuit Court of Jasper County (Missouri) entered inwards favor of plaintiff inwards an activeness for specific functioning of a contract for the sale of state together with for an abatement of the buy price.

CASE FACTS
Plaintiff sued defendants for specific functioning of a contract to sell a packet of belongings together with for an abatement inwards the buy cost inwards an amount representing the proceeds received yesteryear defendants nether an insurance policy on a edifice on the property. The edifice was destroyed yesteryear burn inwards the interim betwixt the execution of the contract of sale together with the fourth dimension for closing of the sale yesteryear the telephone substitution of consideration for the deed to the property.

PROCEDURAL HISTORY
The trial courtroom entered judgment for plaintiff, decreed specific performance, together with applied the insurance proceeds on the buy price.

DISCUSSION
The supreme courtroom affirmed, holding specific enforcement of the contract also equally abatement inwards the buy cost was non inequitable to defendants because they would received their total bargain, acre plaintiff would not.

CONCLUSION
The judgment was affirmed.

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