Naylor v. Stene
Supreme Court of Minnesota
Action in the district court for Dodge county against defendant John I. Stene, and others, to enforce specific performance of a contract for the sale of land; to recover $2,400 damages for withholding the same; and for general relief. The case was tried before Buckham, J., who found that defendants other than Stene had purchased the land from him without notice of the contract, and as to them the action was dismissed.
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Action in the district court for Dodge county against defendant John I. Stene, and others, to enforce specific performance of a contract for the sale of land; to recover $2,400 damages for withholding the same; and for general relief. The case was tried before Buckham, J., who found that defendants other than Stene had purchased the land from him without notice of the contract, and as to them the action was dismissed. The court further found that plaintiff was entitled to recover from defendant Stene $450 and interest for breach of the contract. From an order denying a motion for a new trial,…
1Opinion of the CourtJaggard, J.
The defendant and appellant, Stene, the owner of an undivided half interest in a tract of land, had orally agreed with the owner of the other undivided half, Lund, to buy the latter’s interest for $2,500. Thereafter, on September 1, 1903, the defendant Stene signed a contract agreeing to convey the whole of the premises for $5,150 to the plaintiff. Of this sum $100 was earnest money, $20 of which was paid when the contract was signed. In that contract the grantors were referred to in the plural number as “we” and “us.” Their names were not specifically mentioned. A space for a signature was…
2Cases cited11 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Stanton v. SingletonCalifornia Supreme Court · 1899
- Hurd v. . KellyNew York Court of Appeals · 1879
- Russell v. . FreerNew York Court of Appeals · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Peacock v. HorneSupreme Court of Georgia · 1925
- Gambrell v. TatumCourt of Appeals of Texas · 1921
- Melin v. WoolleySupreme Court of Minnesota · 1908
- Winter v. SkoglundSupreme Court of Minnesota · 1987
- Nodland v. ChirpichSupreme Court of Minnesota · 1976
15 more not listed; retrieve them via the Exa API.