McCALLISTER V. PATTON
215 S.W.2d 701 (1948)
NATURE OF THE CASE: This was an action for specific performance on the sale of a car.
McAllister (P), appealed a judgment, which sustained a demurrer to P's complaint seeking
specific performance of a sales contract.
FACTS: McCallister (P) entered into a contract with Patton (D) for the purchase of a ford
car. The contract called for a deposit and initiation into a que to wait for a car to become
available. P's number was 37. The contract called for delivery of a car to be made as soon
as possible out of current or future production at D's regularly established price. There
was a $25 deposit, which was to be held in trust. P sued under specific performance because
D refused to honor the contract. D demurred; the contract lacked mutuality of obligation and
certainty of subject matter. The demurrer was sustained and a motion to strike part of the
pleading was overruled. P's complaint was dismissed. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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