Drake v. Barton
Supreme Court of Minnesota
Action in the court of common pleas, for Ramsey county, to compel the specific performance of a contract for the purchase and sale of certain real estate. The cause was tried before tbe court without a jury, and a judgment or decree rendered therein, in favor of the plaintiff. The defendant appeals therefrom to this court. The case is sufficiently stated in the opinion.
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The substance of the power given by Barton to Hewitt (so far as is here material) is, that the former affirming himself to own the property in question authorized the latter to sell it upon these terms, (or such modification thereof as he should accept,) viz.: for 8,000 dollars, one half down, balance in one and two years at interest.
Upon a sale of real property the purchaser, if the contract is silent on the subject, is entitled to possession, and the vendor to interest on the purchase money. That the agreement *464mad© by Hewitt with Drake was not within the strict…
2Cases cited4 opinions
- Dwight v. CutlerMichigan Supreme Court · 1855
- Wright v. YoungWisconsin Supreme Court · 1858
- Shreck v. PierceSupreme Court of Iowa · 1856
- Smith v. DennettSupreme Court of Minnesota · 1870
3Cited by17 opinions
- Prudential Insurance Co. of America v. SouthSupreme Court of Georgia · 1934
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- Barton v. DrakeSupreme Court of Minnesota · 1875
- State v. HowardSupreme Court of Minnesota · 1896
- Boekelheide v. SnyderSouth Dakota Supreme Court · 1947
12 more not listed; retrieve them via the Exa API.