Easton v. Lockhart
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Suit by Sydney S. Easton against J. B. Lockhart to enforce specific performance of a contract for the sale of land. From a decree in favor of plaintiff, defendant appeals. Plaintiff failed to show himself entitled to a specific performance.
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Appeal from District Court, Cass County; Pollock, J. Suit by Sydney S. Easton against J. B. Lockhart to enforce specific performance of a contract for the sale of land. From a decree in favor of plaintiff, defendant appeals. Plaintiff failed to show himself entitled to a specific performance. He has never tendered the payment of the purchase money which is a condition precedent to performance, § 5031, Rev. Codes; Waterman on Specific Performance, § 438. The contract between Mears and Percival is the foundation for any claim that can be made under either of the other instruments. That contract…
1Opinion of the CourtWallin, C. J.
This is an equitable action brought to compel the specific performance of an alleged agreement to sell and convey a section of land which is« described in the complaint, and situated in the county of Cass. The complaint alleges, in substance, that the plaintiff and the defendant entered into an agreement on May 28,. 1898, whereby the plaintiff agreed to purchase, and de*184fendant agreed to sell, the land in question for the sum of $9,600, and that upon the payment of the purchase price the defendant agreed to execute and deliyer to' the plaintiff “a good and sufficient warranty deed to said…
2Cases cited8 opinions
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- King and Others v. Hamilton and OthersSupreme Court of the United States · 1830
- McPherson v. . SchadeNew York Court of Appeals · 1896
- Luse v. DeitzSupreme Court of Iowa · 1877
- Spencer v. SanduskyWest Virginia Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Brugman v. CharlsonNorth Dakota Supreme Court · 1919
- Pederson v. DibbleNorth Dakota Supreme Court · 1904
- Easton v. LockhartNorth Dakota Supreme Court · 1902
- Great Northern Railway Co. v. Sheyenne Telephone Co.North Dakota Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.