Tice v. Freeman
Supreme Court of Minnesota
Appeal'by defendant from an order of the district court for Washington county, Crosby, J., presiding, refusing a new trial. The action was for specific performance, and, to prove the contract, the plaintiff introduced in evidence a letter from one Comfort (his agent) to defendant, dated December 19, 1881, in which he stated: “I am informed that you are the owner of the south-east quarter of section 29, township 30, range 21, Washington county, Minnesota.
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Appeal'by defendant from an order of the district court for Washington county, Crosby, J., presiding, refusing a new trial. The action was for specific performance, and, to prove the contract, the plaintiff introduced in evidence a letter from one Comfort (his agent) to defendant, dated December 19, 1881, in which he stated: “I am informed that you are the owner of the south-east quarter of section 29, township 30, range 21, Washington county, Minnesota. I write to ask if it be so, and, if so, if the same is for sale. If you wish to sell the above, will you please inform me of your best…
1Opinion of the CourtVanderburgh, J.
Action for specific performance. The memorandum constituting the contract relied on, consists of letters between *391the parties. The defendant’s contention is that the land which is the subject of the controversy is not described in the alleged contract. The writing upon which defendant is sought to be charged is a letter dated December 26, 1881. It contains no description of the land, and is in reply to a letter from plaintiff’s agent, not produced in evidence, and makes no reference to any other writing or letter. A previous letter of plaintiff’s agent to defendant, in relation to the price of…
2Cases cited3 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Ridgway v. IngramIndiana Supreme Court · 1874
- Hayden v. AlbeeSupreme Court of Minnesota · 1873
3Cited by19 opinions
- Bailey v. GalpinSupreme Court of Minnesota · 1889
- Colstad v. LevineSupreme Court of Minnesota · 1954
- Doyle v. WohlrabeSupreme Court of Minnesota · 1954
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898
- Neas v. Whitener-London Realty Co.Supreme Court of Arkansas · 1915
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