Seifert v. Lanz
North Dakota Supreme Court
Appeal from the District Court of Sargent County, Allen, J. Until delivery, the instrument under which defendants claim was not the plaintiff’s deed. Devlin, Real Estate, 3d ed. 260. Defendants claim the deed was delivered in escrow, — no actual delivery being claimed. To constitute a perfect delivery in escrow, there must be a pre-existing contract for the sale and purchase of the land. Campbell v. Thomas, 42 Wis. 437, 24 Am. Rep. 427; 11 Am. & Eng. Enc.
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Appeal from the District Court of Sargent County, Allen, J. Until delivery, the instrument under which defendants claim was not the plaintiff’s deed. Devlin, Real Estate, 3d ed. 260. Defendants claim the deed was delivered in escrow, — no actual delivery being claimed. To constitute a perfect delivery in escrow, there must be a pre-existing contract for the sale and purchase of the land. Campbell v. Thomas, 42 Wis. 437, 24 Am. Rep. 427; 11 Am. & Eng. Enc. Law, 2d ed. 333; 16 Cyc. 568. An escrow presupposes an enforceable bilateral contract. Fitch v. Bunch, 30 Cal. 208, 2 Bl. Com. 307; 4 Kent,…
1Opinion of the CourtBueKB, J.
Plaintiff is a farmer living in Sargent county, North Dakota. In June, 1910, he desired to sell his farm, and talked to a real-estate dealer named Brixsley. After some preliminary negotia*147tions, Brixsley told him that tbe defendant Lanz bad a Wisconsin farm wbicb be desired to trade. Shortly thereafter, plaintiff and Brixsley went to Canton, Wisconsin, and examined a tract of land containing 169 acres. After such examination tbe three went to North Dakota, examined the 161 acres owned by plaintiff, and on the 28th of June went to Newark, South Dakota, where exhibit F, hereinafter referred to,…
2Cases cited15 opinions
- Ryan v. United StatesSupreme Court of the United States · 1890
- Worrall v. . MunnNew York Court of Appeals · 1851
- Stanton v. . MillerNew York Court of Appeals · 1874
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
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3Cited by5 opinions
- Simpson v. GreenTexas Commission of Appeals · 1921
- Blue v. ConnerCourt of Appeals of Texas · 1920
- Mitchell v. EidsonSupreme Court of Missouri · 1932
- Brugman v. CharlsonNorth Dakota Supreme Court · 1919
- Brugman v. CharlsonNorth Dakota Supreme Court · 1919