Mournin v. Trainor
Supreme Court of Minnesota
Action in the district court for St. Louis county to enforce specific performance of an agreement to convey real estate.
Read the full summary
Action in the district court for St. Louis county to enforce specific performance of an agreement to convey real estate. The complaint alleged in substance that at the instance and for the convenience of plaintiff and with defendant’s consent, plaintiff caused the real estate in controversy to be conveyed to defendant; that in consideration thereof defendant agreed that plaintiff might enter into possession and improve the same and that on demand he would convey and cause to be conveyed the premises to plaintiff clear of incumbrances, except that he should not be obliged to remove any…
1Opinion of the CourtCollins, J.
Counsel for defendant, appellant, has specified 26 assignments of error, but it is not necessary for us to refer to them in detail, or even to discuss them in as general a manner as has counsel. There was little or no real controversy over the facts, and in our opinion there was a sufficiently definite and certain oral agreement between the parties that plaintiff was to take possession of the lot in dispute and build a house upon it, and the evidence clearly showed that the subsequent acts of plaintiff referred to resulted from and were made in pursuance of such agreement. The verbal…
2Cases cited1 opinion
- Brown v. HoagSupreme Court of Minnesota · 1886
3Cited by3 opinions
- Ryan v. EarlUtah Supreme Court · 1980
- Carey-Lombard Lumber Co. v. BierbauerSupreme Court of Minnesota · 1899
- Midway Realty Co. v. City of St. PaulSupreme Court of Minnesota · 1915