Streeter v. Archer
North Dakota Supreme Court
Appeal from the District Court of Ramsey County, Honorable (7-W. Butts, Judge. A voluntary executory agreement is not enforced in equity, and the fact that the memorandum of the contract states' a consideration is immaterial; the fact that no consideration exists may always be shown. 36 Cyc. 544, 608; Comp.
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Appeal from the District Court of Ramsey County, Honorable (7-W. Butts, Judge. A voluntary executory agreement is not enforced in equity, and the fact that the memorandum of the contract states' a consideration is immaterial; the fact that no consideration exists may always be shown. 36 Cyc. 544, 608; Comp. Laws 1913, § 5872. There must be some consideration for the option to render it more than an offer revocable before acceptance, but the amount of the consideration is generally immaterial. 36 Cyc. 626; 9 Cyc. 309; 13 O. J. p. 312. There is no mutuality of obligation where one party’s…
1Opinion of the CourtGrace, J.
This is an action to compel the specific performance of a certain alleged contract, relative to certain real property. On account of the uncertainty as to the real nature and meaning of the contract, it is deemed advisable to set it forth in full. It is as follows:
“For and in consideration of the sum of $1 to ine in hand paid, and other valuable consideration received by me from the second party, I, the subscriber, as first party, hereby offer to sell and convey by warranty deed or by contract for deed to J. B. Streeter, of Devils Lake, North Dakota, as second party, the following described…
2Cases cited3 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- De Rue v. McIntoshSouth Dakota Supreme Court · 1910
- Orth v. ProciseNorth Dakota Supreme Court · 1917
3Cited by6 opinions
- Shepard v. Carnation Milk Co.Supreme Court of Iowa · 1935
- Watson v. KresseNorth Dakota Supreme Court · 1964
- Stair v. HibbsNorth Dakota Supreme Court · 1925
- Harth v. St. Paul Cattle Loan Co.North Dakota Supreme Court · 1922
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
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