Ackerman v. Maddux
North Dakota Supreme Court
Appeal from tbe District Court for Eddy County, Coffey, J. Action to compel the specific performance of a contract for the purchase and sale of real estate, and to acquire the title to said property. Judgment for plaintiff. Defendants appeal. Statement by Bbuce, J. This is an action to compel the specific performance of a contract for the purchase and sale of lots 2,- 3, and 4 of the original town plat of New Rockford, Eddy county, and to acquire the title to said property.
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Appeal from tbe District Court for Eddy County, Coffey, J. Action to compel the specific performance of a contract for the purchase and sale of real estate, and to acquire the title to said property. Judgment for plaintiff. Defendants appeal. Statement by Bbuce, J. This is an action to compel the specific performance of a contract for the purchase and sale of lots 2,- 3, and 4 of the original town plat of New Rockford, Eddy county, and to acquire the title to said property. The selling price was $600, of which all but $J0 was paid by the plaintiff before the bringing of this action, this…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Defendants first seek to defeat the action of plaintiff by showing that after the execution of the real estate contract, plaintiff sold the premises in question to the defendant Maddux, and that thereby all rights under the contract were waived. We find, however, no support for this contention in the evidence. All we find, indeed, is an offer to sell which was not accepted *56according to its terms, and wbicb was therefore a nullity. The offer to sell was contained in the following letter:
Williston, N. D., Sept. 5, 1910.
Mr. C. J. Maddux,
New Rockford, N. Dak.
Dea…
2Cases cited7 opinions
- Orr v. HodgsonSupreme Court of the United States · 1819
- Kofoed v. GordonCalifornia Supreme Court · 1898
- Maclay v. HarveyIllinois Supreme Court · 1878
- Latimer v. Capay Valley Land Co.California Supreme Court · 1902
- Kullman v. GreenebaumCalifornia Supreme Court · 1891
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