Clarke v. Koenig
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Chapman, J. When the mode agreed upon for fixing the price is not the essence of a contract to convey real estate, and the agreement is substantially for a sale at a fair price, upon a failure of the parties to determine the amount, the court, looking to the substance rather than to the form of the contract, will adopt some other means of arriving at the price, and of thus carrying out the agreement in…
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Appeal from the district court of Lancaster county. Heard below before Chapman, J. When the mode agreed upon for fixing the price is not the essence of a contract to convey real estate, and the agreement is substantially for a sale at a fair price, upon a failure of the parties to determine the amount, the court, looking to the substance rather than to the form of the contract, will adopt some other means of arriving at the price, and of thus carrying out the agreement in its essential features. (Coles v. Peck, 96 Ind., 333; Smith v. Peters, L. R., 20 Eq. [Eng.], 511; Kelso v. Kelly, 1 Daly…
1Opinion of the Court
Ragan, C.
This is a suit in equity for specific performance, brought in the district court of Lancaster county by Clarke against Koenig on a contract made between the parties, in words and figures as follows:
“Whereas, on or about the 22d day of June, 1887, the C., B. & Q. R. R. Co. caused to be laid on lot 2, in block 31, in the city of Lincoln, a railroad track, and across R street in said city; and whereas said lot 2 is claimed to be owned by Herman Koenig, and by virtue of a tax deed issued about twelve years ago to one George Dana, and said Koenig, having all the right, title and interest…
2Cases cited1 opinion
- Larson v. ButtsNebraska Supreme Court · 1887
3Cited by19 opinions
- Kofka v. RosickyNebraska Supreme Court · 1894
- Teske v. DittbernerNebraska Supreme Court · 1903
- Peterson v. Estate of BauerNebraska Supreme Court · 1906
- Palmer v. SawyerNebraska Supreme Court · 1905
- Violet v. RoseNebraska Supreme Court · 1894
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