Gill v. Newell
Supreme Court of Minnesota
This action was commenced, in tbe District Court for Da: bota county, and was tried before a referee, wbo found: “ First, as matters of fact, that tbe. defendant Lasb being duly seized in fee of tbe premises in dispute, on or about tbe 16tb day of May, 1867, beld said premises for sale at a certain price and on certain terms, and tbe defendant Francis Newell was desirous of purchasing tbe same at tbe said price and on tbe terms aforesaid, but could not raise tbe money…
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This action was commenced, in tbe District Court for Da: bota county, and was tried before a referee, wbo found: “ First, as matters of fact, that tbe. defendant Lasb being duly seized in fee of tbe premises in dispute, on or about tbe 16tb day of May, 1867, beld said premises for sale at a certain price and on certain terms, and tbe defendant Francis Newell was desirous of purchasing tbe same at tbe said price and on tbe terms aforesaid, but could not raise tbe money necessary to make said purchase, and thereupon he * * * made known to the plaintiff ' * * * tbe fact that tbe said premises…
1Opinion of the CourtMcMillan, J.
By the Oowrt There is no doubt, we think, that the facts as found by the referee in this case, show such a part performance of the parol contract between the plaintiff and the defendant Newell, as withdraws it from the operation of the statute of frauds. The plaintiff paid to Newell the five hundred dollars for the payment in hand, provided for in the contract between Lash and Newell; the latter delivered the written contract between himself and Lash to the plaintiff, who received and has ever since retained it, and relying, on said verbal arrangement with New-ell, ánd supposing he would…
2Cases cited3 opinions
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
- Wentworth v. WentworthSupreme Court of Minnesota · 1858
3Cited by13 opinions
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Von Trotha v. BambergerSupreme Court of Colorado · 1890
- Cullen v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1895
- Mestas v. MartiniSupreme Court of Colorado · 1944
- Empire Ranch & Cattle Co. v. LanningSupreme Court of Colorado · 1911
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