Legal Opinion

Nippolt v. Kammon

Supreme Court of Minnesota

Decided November 12, 1888PublishedCited by 13 opinions

Appeal by plaintiff from a judgment of the district court for Dakota county, where the action was tried by Crosby, J.

1Opinion of the CourtGilfillan, C. J.

This is an action to enforce specific performance of an agreement to convey real estate. The defendant had judgment below. The sufficiency of the description is the only matter involved. The description is: “The following described real estate, situated in Dakota county and state of Minnesota, to wit: Five acres, lot 3, sec. 23, town 28, range 23.” No means are given by which to determine what five acres in lot 3 is intended. When such an agreement contains sufficient elements of description, of course parol evidence may, and indeed must, be resorted to, to apply the description to the…

2Cases cited1 opinion

  1. Hayden v. AlbeeSupreme Court of Minnesota · 1873

3Cited by13 opinions

  1. Rhode v. GallatSupreme Court of Florida · 1915
  2. Broadway Hospital & Sanitarium v. DeckerWashington Supreme Court · 1907
  3. Noland v. HaywoodWyoming Supreme Court · 1933
  4. Swallow v. StrongSupreme Court of Minnesota · 1901
  5. Miracle Construction Co. v. MillerSupreme Court of Minnesota · 1958

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