Miracle Construction Co. v. Miller

Matson, Justice.

Appeal from an order denying defendants’ motion for a new trial and from a subsequent judgment decreeing specific performance of a contract to convey land.

We are here primarily concerned with the sufficiency, under the statute of frauds (M. S. A. 513.05), of a description in a contract for the sale of land and with the admissibility of parol evidence in the application of such description to the property. A further issue arises as to the waiver of conditions precedent in the contract.

Defendants, husband and wife, are owners of slightly less than 40 acres of land in what was…