Horgan v. Russell
North Dakota Supreme Court
From an order of the District Court for McLean County, Winchester? J., overruling a demurrer to the complaint, defendant appeals. To constitute a contract specifically enforceable by reason of offer and acceptance, the acceptance must be definite and unconditional, leaving nothing further to be done by the one making the offer.
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From an order of the District Court for McLean County, Winchester? J., overruling a demurrer to the complaint, defendant appeals. To constitute a contract specifically enforceable by reason of offer and acceptance, the acceptance must be definite and unconditional, leaving nothing further to be done by the one making the offer. De-Jonge v. Hunt, 103 Mich. 94, 61 N. W. 341; Beiseker v. Amberson, 17 N. D. 215, 116 N. W. 94. The vendor must be paid, or payment must be offered at his residence. Greenawalt v. Este, 40 Kan. 418, 19 Pac. 803; Batie v. Allison, 77 Iowa, 313, 42 N. W. 306; Egger v.…
1Opinion of the CourtGoss, J.
This is an action to enforce specific performance of a contract alleged to have been consummated by the acceptance of an option upon real estate. During the period granted by the option within which to accept the same, the optionor and owner, one Haas, sold and deeded defendant the land described in the option, who purchased and took title with full knowledge that plaintiffs held a written *494option to purchase such property. Plaintiffs thereafter attempted to exercise their option by service upon the former owner, Haas, of a written notice of intention to accept the option he had, previous to…
2Cases cited23 opinions
- Richardson v. HardwickSupreme Court of the United States · 1882
- Smith v. BanghamCalifornia Supreme Court · 1909
- House v. JacksonOregon Supreme Court · 1893
- Kerr v. DaySupreme Court of Pennsylvania · 1850
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
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3Cited by41 opinions
- E. E. E., Inc. v. HansonNorth Dakota Supreme Court · 1982
- San Antonio Joint Stock Land Bank v. MalcherCourt of Appeals of Texas · 1942
- Northern Illinois Coal Corp. v. CryderIllinois Supreme Court · 1935
- Moore v. KirganCourt of Appeals of Texas · 1952
- Hutton v. HUTTON, ETC.Mississippi Supreme Court · 1960
36 more not listed; retrieve them via the Exa API.