Pederson v. Dibble
North Dakota Supreme Court
Appeal from District Court, Benson county; Morgan, J. Action by Peder S. Pederson against Leonard Dibble. Judgment for plaintiff, and defendant appeals. Equity.will not decree specific performance where both parties are not bound by the contract with respect to the same matters. Frink v. Thomas, 12 L. R. A. 244 and note; Clark on Contracts, 168; 22 Am. & Eng. Ene.
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Appeal from District Court, Benson county; Morgan, J. Action by Peder S. Pederson against Leonard Dibble. Judgment for plaintiff, and defendant appeals. Equity.will not decree specific performance where both parties are not bound by the contract with respect to the same matters. Frink v. Thomas, 12 L. R. A. 244 and note; Clark on Contracts, 168; 22 Am. & Eng. Ene. L. (1st Ed.) 1019; Litz v. Gooseling, 21 L. R. A. 127; Graybill v. Brugh, 21 L. R. A. 133; Boucher v. Van Buskirk, 2 A. K. Marsh, 345; 3 Pom. Eq. Jur. section 1405; Cooper v. Pena, 21 Cal. 404; Waterman on Spec. Per. section 196;…
1Opinion of the CourtYoung, C. J.
This is an action to compel the specific performance of a contract to sell and convey real estate. The trial court granted the relief prayed for. Defendant appeals from the judg*574meat, and demands a review of the entire case in this court under the provisions of section 5630, Rev. Codes.
The complaint alleges that on June 1, 1891, the defendant and one Sivert Pederson “entered into an agreement in writing whereby Sivert Pederson agreed to buy and the said defendant agreed to sell the land in question for 2,500 bushels of wheat; * * *” that said Sivert Pederson delivered 1,000 bushels of said…
2Cases cited2 opinions
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3Cited by6 opinions
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- Kiker v. WaltersNorth Dakota Supreme Court · 1992
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