George v. Conhaim
Supreme Court of Minnesota
1 Action for specific performance of an alleged contract for the sale of. realty in Ashland, Wisconsin, brought by the vendors against the purchaser in the district court for Bamsey county. The memorandum of contract, on which the action was brought and which is mentioned in the opinion, is set forth' both in the complaint and the answer.
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1 Action for specific performance of an alleged contract for the sale of. realty in Ashland, Wisconsin, brought by the vendors against the purchaser in the district court for Bamsey county. The memorandum of contract, on which the action was brought and which is mentioned in the opinion, is set forth' both in the complaint and the answer. The complaint avers a payment of $1,500 upon the execution of the memorandum, and in the answer the defendant pleads this payment as a counterclaim, and asks judgment for the amount of it. The action coming on for trial before Brill, J., the defendant moved…
1Opinion of the CourtMitchell, J.
There are two grounds, upon either of which, in our •opinion, the decision of the court below was right.
1. The memorandum of contract was void for indefiniteness and uncertainty as to its terms. The deed was to be delivered within 10 days after the furnishing of an abstract of title, upon receipt of cash payments, and the securities for the deferred payments. The memorandum nowhere states what these securities were to be,— whether merely the notes of the purchaser, or a mortgage, or, if the latter, whether on the property sold, or on some other property, real ■or personal. If it had provided…
2Cases cited1 opinion
- Matteson v. ScofieldWisconsin Supreme Court · 1871
3Cited by24 opinions
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Radke v. BrenonSupreme Court of Minnesota · 1965
- Paynesville Land Co. v. GrabowSupreme Court of Minnesota · 1924
- Buswell v. O. W. Kerr Co.Supreme Court of Minnesota · 1910
- Kennedy v. HasseSupreme Court of Minnesota · 1962
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