Freeman v. Paulson
Supreme Court of Minnesota
Action in the district court for Freeborn county to recover $1,200, the unpaid price of land sold upon a written contract. Defendant demurred to the complaint and from an order, Kingsley, J., sustaining the demurrer, plaintiff appealed. The complaint stating a cause of action, appellant is entitled to relief, either legal or equitable, and the complaint is not demurrable because plaintiff asked for a legal remedy instead of an equitable one.
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Action in the district court for Freeborn county to recover $1,200, the unpaid price of land sold upon a written contract. Defendant demurred to the complaint and from an order, Kingsley, J., sustaining the demurrer, plaintiff appealed. The complaint stating a cause of action, appellant is entitled to relief, either legal or equitable, and the complaint is not demurrable because plaintiff asked for a legal remedy instead of an equitable one. Barkey v. Johnson, 90 Minn. 33; Pomeroy, Rem. & Rem. Rights, § 71. The remedy of specific performance is mutual. Hodges v. Kowing, 58 Conn. 12'; Whitney…
1Opinion of the CourtJaggard, J.
Plaintiff and appellant brought this action to recover the sum of $1,200 and interest upon a written executory contract for the sale of real estate. Defendant and respondent demurred to the complaint upon the ground that the facts stated did not constitute a cause of action. This appeal was taken from the order sustaining that demurrer.
The summons demanded a money judgment, and no other relief is prayed for. It was well pleaded that in May, 1907, plaintiff was the owner of a certain lot in the village, of Glenville, and on that day entered into a written agreement whereby he agreed to convey…
2Cases cited5 opinions
- Hodges v. KowingSupreme Court of Connecticut · 1889
- Abbott v. MoldestadSupreme Court of Minnesota · 1898
- Stewart v. McLaughlin's EstateMichigan Supreme Court · 1901
- Goodwine v. KelleyIndiana Court of Appeals · 1904
- Lathrop v. O'BrienSupreme Court of Minnesota · 1890
3Cited by23 opinions
- First Nat. Bank of St. Johnsbury v. LaperleSupreme Court of Vermont · 1952
- Tombari v. GrieppWashington Supreme Court · 1960
- R. E. L. McCaskill Co. v. DekleSupreme Court of Florida · 1924
- Hatlestad v. Mutual Trust Life Insurance Co.Supreme Court of Minnesota · 1936
- Paynesville Land Co. v. GrabowSupreme Court of Minnesota · 1924
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