Adams v. Thompson
Nebraska Supreme Court
Appeal from the district court for Douglas county. Heard below before Wakeley, J. To establish an agreement for sale sufficient to entitle o.ne to specific performance it must appear that there was a “ clear accession on both sides to one and the same set of terms.” (Lanz v. McLaughlin, 14 Minn., 72; Hamlin v. Wistar, 31 Minn., 418 [18 N. W. Rep., 145]; 2 Story, Eq.
Read the full summary
Appeal from the district court for Douglas county. Heard below before Wakeley, J. To establish an agreement for sale sufficient to entitle o.ne to specific performance it must appear that there was a “ clear accession on both sides to one and the same set of terms.” (Lanz v. McLaughlin, 14 Minn., 72; Hamlin v. Wistar, 31 Minn., 418 [18 N. W. Rep., 145]; 2 Story, Eq. Jur., sec. 764.) A court of equity will not enforce performance where there is a misunderstanding as to the terms of sale (Clay v. Ricketts, 66 la., 362 [23 N. W. Rep., 755]); nor where .it even seems probable that the parties…
1Opinion of the Court
Reese, Ch. J.
This was an action for the specific performance of a contract for the sale of real estate.
The suit was instituted in the district court of Douglas county by plaintiff Adams against defendant Thompson.
It was alleged in the petition that on the 13th day of November, 1886, the defendant Thompson was the owner in fee simple of the real estate described in the petition as lot number 12 of P. McShane’s subdivision of the northeast quarter of the southeast quarter of section 30, township 15 north, range 13 east, and that at said time he made an agreement with plaintiff whereby said…
2Cases cited3 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Sanborn v. NockinSupreme Court of Minnesota · 1873
3Cited by7 opinions
- Ruzicka v. HotovyNebraska Supreme Court · 1904
- Powers v. BohuslavNebraska Supreme Court · 1909
- Wisnieski v. CoufalNebraska Supreme Court · 1972
- Holliday v. McWilliamsNebraska Supreme Court · 1906
- David v. TuckerNebraska Supreme Court · 1976
2 more not listed; retrieve them via the Exa API.