Storch v. Duhnke
Supreme Court of Minnesota
Action in the district, court for Hennepin county for specific performance of a contract to convey real estate. From an order, McGee, J., sustaining demurrers to the complaint, plaintiffs appealed. A seal, in the absence of evidence to the contrary, imports consideration. McMillan v. Ames, 38 Minn. 257; Erickson v. Brandt, 53 Minn. 10. An option without consideration is a mere offer, but if accepted within the time specified becomes a binding contract.
Read the full summary
Action in the district, court for Hennepin county for specific performance of a contract to convey real estate. From an order, McGee, J., sustaining demurrers to the complaint, plaintiffs appealed. A seal, in the absence of evidence to the contrary, imports consideration. McMillan v. Ames, 38 Minn. 257; Erickson v. Brandt, 53 Minn. 10. An option without consideration is a mere offer, but if accepted within the time specified becomes a binding contract. The difference between a mere offer and an option is that an offer may be withdrawn at any time before acceptance, while an option cannot be…
1Opinion of the Court
MITCHELL, J.1
This action was brought to compel specific performance of the so-called “agreement,” Exhibit A, attached to the complaint. This was a bilateral instrument, executed by both parties under seal, for the exchange of properties, abstracts of titles to be furnished on demand, and delivery of deeds within 15 days. The peculiarity *524of this instrument is the fact that it contains the following provision or condition, viz.:
“This agreement is made subject to the procuring of a satisfactory loan to the party of the first part (plaintiffs) on the last-described property;” [that is, the…
2Cases cited2 opinions
- McMillan v. AmesSupreme Court of Minnesota · 1885
- Lamprey v. LampreySupreme Court of Minnesota · 1882
3Cited by5 opinions
- Hartford-Connecticut Trust Co. v. DevineSupreme Court of Connecticut · 1922
- Kuhne v. GauSupreme Court of Minnesota · 1917
- Horan v. StevensSupreme Court of Minnesota · 1916
- Aldrich v. ForbesOregon Supreme Court · 1964
- Aldrich v. ForbesOregon Supreme Court · 1964