Legal Opinion

Brown v. Eaton

Supreme Court of Minnesota

Decided April 5, 1875PublishedCited by 23 opinions

Action for the specific performance of a contract to convey certain described land, in writing and signed by one Girart Hewitt, as defendant’s agent.

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Action for the specific performance of a contract to convey certain described land, in writing and signed by one Girart Hewitt, as defendant’s agent. Defence, that Hewitt had no authority to enter into the contract, that defendant never agreed to sell or convey the land to plaintiff, that plaintiff has not performed or offered to perform on his part, and that defendant’s wife has an inchoate right of dower in the land, and refuses to convey, by reason whereof defendant has ever been unable to give a good title, as plaintiff well knew. Trial in the district court for Bamsey county, before…

1Opinion of the CourtGtt.ett.t.an, C. J.

This is a suit to enforce specific per*410formance of a contract to convey real estate, tried by the court below without a jury, and judgment ordered for the plaintiff.

The defendant makes the point that the real estate was his homestead; that at the time of making the contract, he was a married man, and that the contract is void, because his wife did not join in it. This defence is not set up in the answer, and the court below does not find the facts to sustain it. Although it may be gathered from the evidence that a part, at least, of the real estate was probably defendant’s homestead, it does…

2Cases cited3 opinions

  1. Crary v. . SmithNew York Court of Appeals · 1848
  2. McWhorter v. McMahanNew York Court of Chancery · 1843
  3. Knowlton v. MoseleyMassachusetts Supreme Judicial Court · 1870

3Cited by23 opinions

  1. Bateman v. . HopkinsSupreme Court of North Carolina · 1911
  2. Clarno v. GraysonOregon Supreme Court · 1896
  3. Country Club Oil Co. v. LeeSupreme Court of Minnesota · 1953
  4. Mastin v. GrimesSupreme Court of Missouri · 1885
  5. Baumann v. . PinckneyNew York Court of Appeals · 1890

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