[DOWNLOAD] "Plymouth Securities Company v. Ray L" by Supreme Court of Missouri Division 2 * eBook PDF Kindle ePub Free
eBook details
- Title: Plymouth Securities Company v. Ray L
- Author : Supreme Court of Missouri Division 2
- Release Date : January 11, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This is an action in equity in two counts tried by the court sitting without a jury. The first count sought the removal of
the defendants Ray L. Johnson and Robert W. Maysack as trustees of the plaintiff Plymouth Securities Company, a common law
trust. The general object of the second count was to declare a default by defendants in the performance of their obligations
under a contract whereby Plymouth agreed to sell and convey to the defendants the property in St. Louis County, known as the
Laurel Hills Cemetery, and to eject the defendants and revest the plaintiffs with possession of the property free of any claims
of the defendants. In general, the court found that any defaults by defendants had been waived and decreed that the plaintiffs
convey the property pursuant to the contract upon payment of the remainder of the purchase price found by the court to be
due. The defendants chose to abide by the judgment, but the plaintiffs have appealed. Regardless of other considerations, the amount in dispute on October 14, 1958, when the appeal was taken, gives this court
jurisdiction. Constitution of Missouri, 1945, Art. V, 3. Plaintiffs were refused the possession of land shown
to have a reasonable market value in excess of $300,000 and the trial court ordered the land conveyed by plaintiffs to defendant
Laurel Hills Memorial Gardens, Inc., upon payment of $100,705.66, which the defendants were willing to do. The plaintiffs
further contend that, even though the decree of the trial court is affirmed, they are entitled to an additional amount of
at least $11,000 as interest and penalties not allowed by the trial court.