Legal Opinion

Kileen v. Kennedy

Supreme Court of Minnesota

Decided November 6, 1903No. Nos. 13,690—(79)PublishedCited by 21 opinions

Appeal by plaintiff from an order of the district court for St. Louis county, Dibell, J., denying a motion for a new trial.

1Opinion of the CourtCollins, J.

This was an action to compel specific performance of a contract to convey standing timber upon lands owned by defendants, and the court below, upon findings of fact and conclusions of law, ordered judgment in their favor.

The law which governs this case is settled beyond controversy in this court, as it has been in many others. We quote: “To entitle a party to the specific performance of an alleged contract to convey real property, the contract must be clearly proved, and its terms should be so specific and distinct as to leave no reasonable doubt of their meaning.’' And further: “To satisfy…

2Cases cited6 opinions

  1. Minneapolis & St. Louis Railway v. Columbus Rolling MillSupreme Court of the United States · 1886
  2. Jackson v. BadgerSupreme Court of Minnesota · 1886
  3. Seymour v. CushwayWisconsin Supreme Court · 1898
  4. Hamlin v. WistarSupreme Court of Minnesota · 1884
  5. Ames & Frost Co. v. SmithSupreme Court of Minnesota · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Lake Company v. MolanSupreme Court of Minnesota · 1964
  2. Steller v. ThomasSupreme Court of Minnesota · 1950
  3. Lewis v. JohnsonSupreme Court of Minnesota · 1913
  4. Haugland v. CantonSupreme Court of Minnesota · 1957
  5. Rankin v. RidgeNew Mexico Supreme Court · 1948

16 more not listed; retrieve them via the Exa API.

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