Langellier v. Schaefer
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Eamsey county for specific performance of an alleged agreement by defendant to convey certain real estate to plaintiff. The defendant in his answer denied the making of any contract or that any negotiations were had between the parties except by means of certain letters which are set •out in full.
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Plaintiff brought this action in the district court for Eamsey county for specific performance of an alleged agreement by defendant to convey certain real estate to plaintiff. The defendant in his answer denied the making of any contract or that any negotiations were had between the parties except by means of certain letters which are set •out in full. To this answer the plaintiff demurred, and by stipulation the issue of law thus raised was referred to A. S. Hall, Esq., for (hearing and determination. The demurrer was sustained by the referee, and the defendant appealed. The letters pleaded…
1Opinion of the CourtMitchell, J.
These letters will not constitute a completed agreement for the sale and conveyance of this real estate, unless there is upon the face of the correspondence a clear accession on both sides to one and the same set of terms. Lanz v. McLaughlin, 14 Minn. 55, (72;) Hamlin v. Wistar, 31 Minn. 418, (18 N. W. Rep. 145.) An offer of a bargain by one person to another imposes no obligation upon the former, unless it is accepted by the latter according to the terms on which the offer was made. Any qualification of or departure from those terms invalidates the offer, unless the same is agreed to by the…
2Cases cited4 opinions
- Orr v. HodgsonSupreme Court of the United States · 1819
- North-Western Iron Co. v. MeadeWisconsin Supreme Court · 1867
- Hamlin v. WistarSupreme Court of Minnesota · 1884
- Maynard v. TaborSupreme Judicial Court of Maine · 1866
3Cited by24 opinions
- Egger v. NesbittSupreme Court of Missouri · 1894
- Anderson v. StewartNebraska Supreme Court · 1948
- Rahm v. CummingsSupreme Court of Minnesota · 1915
- Beiseker v. AmbersonNorth Dakota Supreme Court · 1908
- Haugland v. CantonSupreme Court of Minnesota · 1957
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