Hamlin v. Wistar
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for Hennepin county, Lochren, J., presiding, sustaining a general demurrer to the complaint.
1Opinion of the CourtBerry, J.
To make out an agreement for the sale and conveyance of real estate sufficient to entitle to specific performance, it must appear that there was a “clear accession on both sides to one and the same set of terms.” Lanz v. McLaughlin, 14 Minn. 55, (72,) and cases cited. The evidence relied upon to establish such an agreement in this case fails to satisfy this rule. It consists wholly of correspondence between the parties, containing propositions and counter-propositions, but as to several material particulars the minds of the parties never met. . It will be sufficient to refer to two of these…
2Cited by12 opinions
- Jackson v. BadgerSupreme Court of Minnesota · 1886
- Langellier v. SchaeferSupreme Court of Minnesota · 1887
- Kileen v. KennedySupreme Court of Minnesota · 1903
- Ames & Frost Co. v. SmithSupreme Court of Minnesota · 1896
- Baker v. PolydiskySupreme Court of Minnesota · 1919
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