Ham v. Johnson
Supreme Court of Minnesota
Appeal by plaintiff, Daniel W. Ham, from a judgment of the District Court of Hennepin County, Canty, J., entered December 7,1891, dismissing the action, and for $34.43 costs. This action was against the defendant, A. B. Johnson, for the reformation and specific performance as reformed, of a contract between the parties for the exchange of real estate.
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Appeal by plaintiff, Daniel W. Ham, from a judgment of the District Court of Hennepin County, Canty, J., entered December 7,1891, dismissing the action, and for $34.43 costs. This action was against the defendant, A. B. Johnson, for the reformation and specific performance as reformed, of a contract between the parties for the exchange of real estate. The contract, as actually signed, after attempting to describe defendant’s property, provided that the party of the second part (Ham) in consideration of the premises, should pay the.party of the first part, (Johnson,) as and for the purchase…
1Opinion of the CourtVanderburgh, J.
This action is brought for a reformation of á contract for the exchange of real estate, and for a specific performance of the contract. Such relief may be had in one and the samo action.
But if this were not so, and the plaintiff were entitled to have any part of the relief sought, judgment should not have been ordered for the defendant.
The question of the sufficiency of the complaint turns upon that of the certainty or definiteness of the description of premises not sought to be corrected. The plaintiff alleges that the defendant *107was to convey to him certain property, and in consideration…
2Cases cited2 opinions
- Tice v. FreemanSupreme Court of Minnesota · 1883
- University of Des Moines v. Polk County Homestead & Trust Co.Supreme Court of Iowa · 1893
3Cited by7 opinions
- Colstad v. LevineSupreme Court of Minnesota · 1954
- Anchor Casualty Co. v. Bird Island Produce, Inc.Supreme Court of Minnesota · 1957
- Gregory Co. v. ShapiroSupreme Court of Minnesota · 1914
- Miracle Construction Co. v. MillerSupreme Court of Minnesota · 1958
- Gustafson v. JuckemSupreme Court of Minnesota · 1925
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