Coles v. Shepard
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 case is stated in the opinion. \ The contract of which specific performance is sought in this action is one of which time is the essence. The parties had a right to make it. The contract, having been broken, should not be enforced. A court of equity has no right to interfere to.make a new contract which the parties have not made.
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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 case is stated in the opinion. \ The contract of which specific performance is sought in this action is one of which time is the essence. The parties had a right to make it. The contract, having been broken, should not be enforced. A court of equity has no right to interfere to.make a new contract which the parties have not made. Taylor v. Longworth, 14 Pet. 172. Green v. Covillaud, 10 Cal. 317; Grey v. Tubbs, 43 Cal. 359; Potter v. Tut-tle, 22 Conn. 512; Smith v.…
1Opinion of the CourtBerry, J.
This is an action to enforce specific performance of a sealed contract to convey certain land, executed by Mrs. Anderson, owner of the land, (her husband subscribing in token of his assent,) to the plaintiff. The purchase price was to be paid in 14 instalments of $30 each; the first, July 23, 1879, and one every three months thereafter (without interest) till the whole was paid. The contract provided that “upon the just and full payment of said sum (i. e., the price) at the times above stated, time being made the essence of this contract, the party of the first part will, at her own expense,…
2Cited by15 opinions
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- Forssell v. CarterSupreme Court of Florida · 1913
- O'Connor v. HughesSupreme Court of Minnesota · 1886
- State v. RobySupreme Court of Minnesota · 1915
- Block v. SmithSupreme Court of Arkansas · 1895
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