Williams v. Langevin
Supreme Court of Minnesota
Plaintiffs (vendors) brought this action in the district court for Bamsey county for specific performance of a written contract of sale of “the west 50 feet of lots 9 and 10, of block numbered 12, Marshall’s addition to St. Paul, according to the recorded plat thereof on file in the office of the register of deeds in and for said county of Bamsey.”
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Plaintiffs (vendors) brought this action in the district court for Bamsey county for specific performance of a written contract of sale of “the west 50 feet of lots 9 and 10, of block numbered 12, Marshall’s addition to St. Paul, according to the recorded plat thereof on file in the office of the register of deeds in and for said county of Bamsey.” The defendant demurred to the complaint as failing to state a cause of action, making the point, among others, “that there is no such addition in Bamsey county as ‘ Marshall’s addition to St. Paul.’ ” The demurrer was overruled by Brill, J., and…
1Opinion of the CourtVanderburgh, J.
The action is brought by the vendor for the specific performance of a contract- for the sale of land described in *181the complaint, and made by the parties, October 4, 1887. The defendant demurs to the complaint for insufficiency.
1. As to the first ground of objection, it is sufficient, as against the demurrer, that the agreement contains on its face a complete and certain description of a tract of land, by the terms thereof contracted to be sold and conveyed to the plaintiffs. If there is no such land as the contract purports to describe, it is matter of defence to be set up by answer. The…
2Cited by3 opinions
- O. W. Kerr Co. v. NygrenSupreme Court of Minnesota · 1911
- Dillon v. RinglemanSupreme Court of Oklahoma · 1916
- Borer v. LangeSupreme Court of Minnesota · 1890