Lewis v. Prendergast
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Washington county, McGluer, J., presiding, sustaining a demurrer to the complaint.
1Opinion of the Court
Mitchell, J.1
Action to compel specific performance of a contract for the sale of land. The contract was executed August 5, 1876, and by its terms the purchase-money was to be paid, and the deed delivered, in one year from that date; the two being concurrent and dependent. May, 1883, plaintiff offered to pay the purchase-money, with interest, and demanded a conveyance; but defendant Prender-*302gast refused to accept the money or make a deed. This action was .commenced April, 1887. The contract was wholly executory, and there is no allegation that the time of performance had ever been ex- • tended.
2Cases cited2 opinions
- Coolbaugh v. RoemerSupreme Court of Minnesota · 1884
- Martin v. HurlbutSupreme Court of Minnesota · 1864
3Cited by12 opinions
- Pike Rapids Power Co. v. Minneapolis, St. P. & S. S. M. R. Co.Court of Appeals for the Eighth Circuit · 1938
- Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
- Noyes v. BrownSupreme Court of Minnesota · 1919
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. ChisholmSupreme Court of Minnesota · 1893
- Blunt v. EgelandSupreme Court of Minnesota · 1908
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