Muir v. Chandler
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by William C. Muir against Arthur P. Chandler. Judgment for defendant, and plaintiff appeals. There was a contract, of which the agreement of lease was a recognition and part performance, which was evidence of a contract of sale, sufficient to compel the court to enforce specific performance of an oral agreement. Ungley v. Ungley, L. R. 4 Ch. Div. 73; 3 L. R. A. (New Series) 790; see Foot Note III, pp. 793-798; Pom.
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Appeal from District Court, Cass county; Pollock, J. Action by William C. Muir against Arthur P. Chandler. Judgment for defendant, and plaintiff appeals. There was a contract, of which the agreement of lease was a recognition and part performance, which was evidence of a contract of sale, sufficient to compel the court to enforce specific performance of an oral agreement. Ungley v. Ungley, L. R. 4 Ch. Div. 73; 3 L. R. A. (New Series) 790; see Foot Note III, pp. 793-798; Pom. Spec. Perf. of Contracts (2 Ed.) section 115. Possession must be actual, open and notorious to serve as an act of part…
1Opinion of the CourtSpalding, J.
The evidence submitted on the part of the plaintiff in this case tends to show that on the 7th day of April, 1906, he entered into an oral contract with the defendant whereby he purchased from the defendant 1,440 acres of land, being a farm situated about thirty miles from Fargo, and that partial payment was to be made by him therefor on the 9th day of April, 1906; that on the last-named date he tendered the amount agreed to be paid and received to the defendant, and offered then and there to perform the other parts of the contract which were to be by him performed, but that the defendant…
2Cases cited17 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- Johnston v. GlancyIndiana Supreme Court · 1835
- Andrew v. BabcockSupreme Court of Connecticut · 1893
- Ducie v. FordSupreme Court of the United States · 1891
- Emmel v. HayesSupreme Court of Missouri · 1890
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3Cited by4 opinions
- Henry S. Grinde Corporation v. KlindworthNorth Dakota Supreme Court · 1950
- Thornton v. Central Loan Co.Court of Appeals of Texas · 1942
- Casseday ex rel. Kinslow v. RobertsonNorth Dakota Supreme Court · 1910
- Henry S. Grinde Corporation v. KlindworthNorth Dakota Supreme Court · 1950