Legal Opinion

Elfelt v. Hart

U.S. Circuit Court for the District of Minnesota

Decided February 15, 1880PublishedCited by 2 opinions

Action removed from state court, and heard, without change of pleadings, by consent.

1Opinion of the CourtNelson, J.

The plaintiff brings this action to compel the *265strict performance of the following agreement, alleging performance on his part and refusal by the defendant:

“Contract.
“Philadelphia, December 24, 1878.
“This is to certify that I have agreed and will, upon receipt of mortgage for $2,000, (two thousand dollars,) with note, payable in three years, with interest at 6 per cent., payable semi-annually — the security of the above to be satisfactory — I will then give Abram S. Elfelt and Susan C. Elfelt a satisfaction of a mortgage’dated July 20, 1876, of $4,000, on the following described property,…

2Cases cited2 opinions

  1. Mechanics Bank of Alexandria v. LynnSupreme Court of the United States · 1828
  2. Livingston v. Peru Iron Co.New York Court of Chancery · 1831

3Cited by2 opinions

  1. Wallace v. SissonCalifornia Supreme Court · 1893
  2. Oliver v. HouseSupreme Court of Georgia · 1906

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