Sennett v. Shehan
Supreme Court of Minnesota
■ ' Appeal by defendant from an order of the municipal court of Stillwater, overruling his demurrer to the complaint, which alleges that on or about July 3,1878, defendant agreed to sell and convey to plaintiff eighty acres of land in Washington county, and to execute and deliver a warranty deed thereof to jilaintiff, when requested; that thereupon and relying on vsuch agreement, the plaintiff paid to defendant the sum of, $50, as part of the purchase-money of such land; but…
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■ ' Appeal by defendant from an order of the municipal court of Stillwater, overruling his demurrer to the complaint, which alleges that on or about July 3,1878, defendant agreed to sell and convey to plaintiff eighty acres of land in Washington county, and to execute and deliver a warranty deed thereof to jilaintiff, when requested; that thereupon and relying on vsuch agreement, the plaintiff paid to defendant the sum of, $50, as part of the purchase-money of such land; but that, 'though often requested so to do, the defendant refuses to convey the land according to his agreement, or to…
1Opinion of the CourtCornell, J.
The complaint alleges that the sum of $50, •which is sought to be recovered in this action, was paid by plaintiff to defendant “as and for part of the purchase price” •of certain land therein described, which it is alleged the defendant agreed by parol to sell and convey to plaintiff when■ever the latter should request. It is not stated what the •consideration for the promise to convey was, nor when it was to be paid. Whatever it was, however, inasmuch as the agreement stated is silent as to the time when the unpaid portion •of the purchase-money was to be paid, it must be presumed that the…
2Cases cited2 opinions
- Abbott v. DraperNew York Supreme Court · 1847
- Lester v. . JewettNew York Court of Appeals · 1854
3Cited by21 opinions
- Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
- York v. WashburnCourt of Appeals for the Eighth Circuit · 1904
- Kofmehl v. Baseline Lake, LLCWashington Supreme Court · 2013
- McKinney v. HarvieSupreme Court of Minnesota · 1887
- La Du-King Manufacturing Co. v. La DuSupreme Court of Minnesota · 1887
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