Schwab v. Baremore
Supreme Court of Minnesota
Action in the district court for Sherburne county to enforce specific -performance of a contract to convey land. The case was tried before Giddings, J., who made findings of fact, and as conclusions of law found that plaintiff was entitled to recover from defendant the $50 ^earnest money paid at the time the contract was executed, but to no further relief. From an order granting a motion for a new trial, defendant appealed.
1Opinion of the CourtBrown, J.
Action to compel the specific performance of a contract for the sale of land. The action was tried in the court below without a jury, findings were made, and judgment ordered for defendant. Thereafter the court, on plaintiff’s motion, ordered a new trial, from which defendant appealed.
The facts are as follows: On March 27, 1901, defendant was the owner of the land in dispute, and on that day entered into a contract by which he sold and agreed to convey the same to plaintiff. The material portions of the contract are as follows:
I have this day sold and agree to convey to the said C. D. Schwab…
2Cases cited8 opinions
- Ladd v. WeiskopfSupreme Court of Minnesota · 1895
- Weitzner v. ThingstadSupreme Court of Minnesota · 1893
- Dana v. St. Paul Investment Co.Supreme Court of Minnesota · 1889
- Joslyn v. SchwendSupreme Court of Minnesota · 1901
- Mackey v. AmesSupreme Court of Minnesota · 1883
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3Cited by33 opinions
- Old Colony Trust Co. v. ChaunceyMassachusetts Supreme Judicial Court · 1913
- Space Center, Inc. v. 451 CORP.Supreme Court of Minnesota · 1980
- Robinson v. ComptonIdaho Supreme Court · 1976
- Raymond v. McKenzieSupreme Court of Minnesota · 1945
- Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
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