Stevens v. Trafton
Montana Supreme Court
Appeal from District Court, Valley Countyj John W. Tattan, Judge. Action by C. H. Stevens against R. M. Trafton for specific performance of an oral agreement to convey land. From a judgment for defendant, plaintiff appeals.
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Appeal from District Court, Valley Countyj John W. Tattan, Judge. Action by C. H. Stevens against R. M. Trafton for specific performance of an oral agreement to convey land. From a judgment for defendant, plaintiff appeals. Courts of equity have always claimed and exercised the right to enforce specific performance of contracts of this class, where they have been wholly or partially performed by the party seeking relief. ' (3 Pomeroy’s Equity Jurisprudence, 1409.) This doctrine is distinctly recognized by our Code (Civ. Code, see. 2342) and by this court. (Christiansen v. Aldrich, 30 Mont.…
1Opinion of the CourtJustice Smith
In the district court of Valley county the plaintiff filed his complaint, wherein he alleged:
“ (1) That on the 21st day of July, 1903, he made a certain agreement with defendant whereby defendant agreed to sell, and the plaintiff agreed to buy of defendant, the east half of lot 3 in block 6 of the Trafton addition to Malta, in the county of Valley, state of Montana, for which he agreed to pay defendant the sum of $100, and at the same time plaintiff agreed to buy from defendant certain lumber which he would need for building a house on said lot. By the terms of said agreement plaintiff was to…
2Cases cited3 opinions
- Wolke v. FlemingIndiana Supreme Court · 1885
- Jordan v. AndrusMontana Supreme Court · 1901
- Dewey v. Spring Valley Land Co.Wisconsin Supreme Court · 1897
3Cited by17 opinions
- Hoppin v. LongMontana Supreme Court · 1925
- Milwaukee Land Co. v. RuesinkMontana Supreme Court · 1915
- Hogan v. ThrasherMontana Supreme Court · 1925
- August v. BurnsMontana Supreme Court · 1927
- State Ex Rel. United States Fidelity & Guaranty Co. v. District CourtMontana Supreme Court · 1926
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