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Duncan v. Black

Court of Appeals of Missouri
324 S.W.2d 483 (Mo. 1959)


Black (defendant) contracted to sell 359 acres of farmland to Duncan (plaintiff) with a 65 acre cotton allotment. At the time, cotton allotments were granted yearly only by the county government (to prevent overproduction of cotton) and there was no guarantee from year to year what size allotment farmers would be granted. In the first year after the contract was executed, Duncan was granted a 49.6 acre allotment. To make up the other 15.4 acres as the contract required, Black transferred that size allotment from his land to Duncan. In the second year after the contract was executed, Duncan asked Black to do the same thing, but he refused. Instead, Black promised to pay Duncan $1,500 if Duncan would not bring suit for breach of contract. When Black never paid, Duncan brought suit to recover the $1,500. The lower court found in favor of Black. Duncan appealed.

Rule of Law


Holding and Reasoning (Ruark, J.)

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