Cline v. Strong
Indiana Court of Appeals
From Superior Court of Marion County (76,511); Vinson Carter, Judge. Action by Benjamin F. Cline against Wendell M. Strong and others. From a judgment for defendants, the plaintiff appeals.
1Opinion of the CourtIbach, C. J.
Appellant sued appellees to enforce- the specific performance of a written contract for the sale of certain real estate located in the city of Indianapolis,' and to compel the execution of a deed therefor. The amended complaint of one paragraph was tested by a demurrer, and held to be insufficient by the trial court. The ruling on this demurrer presents the only ground for contention here.
1. This is an equitable action, and in cases like this it has been uniformly held, and it is well understood, that courts of equity will decree a specific performance only when the contract is in writing, is…
2Cases cited8 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Burke v. MeadIndiana Supreme Court · 1902
- Wilks v. BurnsCourt of Appeals of Maryland · 1883
- Migatz v. StieglitzIndiana Supreme Court · 1906
- Krum v. ChamberlainNebraska Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wolvos v. MeyerIndiana Supreme Court · 1996
- Donavan v. Ivy Knoll Apartments PartnershipIndiana Court of Appeals · 1989
- Heritage Development of Indiana, Inc. v. Opportunity Options, Inc.Indiana Court of Appeals · 2002
- Risk v. ThompsonIndiana Supreme Court · 1958
- UFG, LLC v. Southwest Corp.Indiana Court of Appeals · 2006
2 more not listed; retrieve them via the Exa API.