Lanz v. McLaughlin
Supreme Court of Minnesota
This action was brought in the District Court for Nicollet County, to enforce specific performance of an alleged contract for the purchase and sale of certain described real estate- Issue was joined, and the cause tried by the Court, (without a jury) and upon the finding of the Court a judgment was entered,.directing, in substance, that the defendant should execute to the plaintiff a conveyance of the land, and in default of such conveyance within a certain specified time,…
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This action was brought in the District Court for Nicollet County, to enforce specific performance of an alleged contract for the purchase and sale of certain described real estate- Issue was joined, and the cause tried by the Court, (without a jury) and upon the finding of the Court a judgment was entered,.directing, in substance, that the defendant should execute to the plaintiff a conveyance of the land, and in default of such conveyance within a certain specified time, &c., the judgment should operate as a deed in fee, &c. The defendant .appeals from such judgment, upon the ground of the…
1Opinion of the Court
By the Oowrt.
Beeey, J.
We think that there is no evidence in this case reasonably tending to show that there was any written contract, or note or memorandum of a contract, to sell the land in question to the respondent, such as is required by the statute of frauds. To entitle a party to the specific performance of an alleged contract to convey real property, “the contract must be clearly proved, and its terms should be so specific and distinct as to leave no reasonable doubt of their meaning. ” 3 Parsons on Con*74tracts, 354, and cases cited in note O; Ib. 17. In bis letter of July 16th, dated at…
2Cases cited2 opinions
- Carr v. DuvalSupreme Court of the United States · 1840
- Orr v. HodgsonSupreme Court of the United States · 1819
3Cited by25 opinions
- State v. CantienySupreme Court of Minnesota · 1885
- State v. BironSupreme Court of Minnesota · 1963
- Conlan v. GraceSupreme Court of Minnesota · 1886
- State v. SilversSupreme Court of Minnesota · 1950
- Territory v. Young and NozawaHawaii Supreme Court · 1945
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