Anderson v. Anderson
Supreme Court of Minnesota
Action in tbe district court for Polk county to compel a conveyance of land. Tbe case was tried before Watts, J., wbo found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed. A verbal contract for tbe sale of land, if partly performed by tbe party seeking tbe remedy, may be specifically enforced by courts of equity notwithstanding tbe statute of frauds. 3 Pomeroy, Eq.
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Action in tbe district court for Polk county to compel a conveyance of land. Tbe case was tried before Watts, J., wbo found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed. A verbal contract for tbe sale of land, if partly performed by tbe party seeking tbe remedy, may be specifically enforced by courts of equity notwithstanding tbe statute of frauds. 3 Pomeroy, Eq. Jur. § 1409; Lipp v. Hunt, 25 Neb. 91; Mournin v. Trainor, 63 Minn. 230; Brown v. Hoag, 35 Minn. 373, 375. Tbe ground upon wbicb tbis remedy in sucb cases rests is that of equitable fraud.…
1Opinion of the CourtCollins, J.
The facts in this case may be thus stated: In 1887 plaintiff purchased the eighty acres of land in controversy from a railway company, taking the usual contract, the conveyance to be executed to him upon full payment of the purchase price. In 1895 there was due upon this contract the sum of $500, and this sum plaintiff wished to pay, but to do so was obliged to borrow money. There was a money judgment against him, and, upon discovering this, a broker, who was negotiating the loan, suggested that this defendant, then plaintiff’s sister-in-law, borrow the money, giving her own note secured by a…
2Cases cited7 opinions
- Tatge v. TatgeSupreme Court of Minnesota · 1885
- Haaven v. HoaasSupreme Court of Minnesota · 1895
- Luse v. ReedSupreme Court of Minnesota · 1895
- Ryerson v. Wayne Circuit JudgeMichigan Supreme Court · 1897
- Caldwell v. ArnoldSupreme Court of Minnesota · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
- Nelson v. NelsonSupreme Court of Minnesota · 1921
- Nash v. KirschoffSupreme Court of Minnesota · 1923
- Schmitz v. WenzelSupreme Court of Minnesota · 1926
- Baumgartner v. CorlissSupreme Court of Minnesota · 1911
3 more not listed; retrieve them via the Exa API.