Gill v. Bradley
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Vanderburgh, J., presiding, overruling a demurrer to the complaint. 1. That there was no mutual contract between the parties ; that the defendant’s obligation was unilateral, and therefore the plaintiff is not entitled to a specific performance. Bodine v. Glading, 21 Penn.
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Appeal by defendant from an order of the district court for Hennepin county, Vanderburgh, J., presiding, overruling a demurrer to the complaint. 1. That there was no mutual contract between the parties ; that the defendant’s obligation was unilateral, and therefore the plaintiff is not entitled to a specific performance. Bodine v. Glading, 21 Penn. St. 53; German v. Mackin, 6 Paige, 292; Newman v. Carroll, 3 Yerg. 18 ; Boucher v. Van Buskirk, 2 A. K. Marsh. 346; 1 Hill. on Vendors, 435; 1 Stockton, 332; Jordan v. Deaton, 23 Ark. 704 ; 2 Sto. Eq. Jur. § 776 ; 1 Fonb. Eq. book 1, ch. 6, § 12 &…
1Opinion of the CourtBerry, J.
On September 27, 1860, defendant, being owner of certain land in the county of McLeod, bargained the same to Helen E. Savage for $432. One hundred dollars was paid in hand, and defendant executed and delivered to said Helen a bond, of the date aforesaid, conditioned i'or a conveyance of the land to her, upon payment of the residue of the purchase money with interest, in one year, according to the terms of her promissory note of even date. The bond aauis executed in this state, and on October 23, 1860, AAas duly recorded. Immediately after its execution, the obligee Avent into possession of…
2Cases cited5 opinions
- Waters v. TravisCourt for the Trial of Impeachments and Correction of Errors · 1812
- Leaird v. . SmithNew York Court of Appeals · 1871
- M. & C. Miller v. BearNew York Court of Chancery · 1831
- Allshouse v. RamsaySupreme Court of Pennsylvania · 1841
- Green v. FininSupreme Court of Connecticut · 1868
3Cited by17 opinions
- In re Ellis' EstateSupreme Court of Minnesota · 1893
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. ChisholmSupreme Court of Minnesota · 1893
- State ex rel. D. S. B. Johnston Land Co. v. District CourtSupreme Court of Minnesota · 1917
- Kretzschmar v. MeehanSupreme Court of Minnesota · 1898
- McDonald v. Second National BankSupreme Court of Iowa · 1898
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