Maxfield v. Bierbauer
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF BLUE EARTH COUNTY. Points and Authorities of Appellant. Courts of Equity are not abridged by the Statute of Frauds jn compelling the-specific performance of agreements in case of part performance of such agreements.
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APPEAL FROM THE DISTRICT COURT OF BLUE EARTH COUNTY. Points and Authorities of Appellant. Courts of Equity are not abridged by the Statute of Frauds jn compelling the-specific performance of agreements in case of part performance of such agreements. Public Statutes, p. 457, chap. 49, sec. 10. Though the case is of a nature capable of adequate remedy at law, if the Statute of Frauds stands in tbe way, in case of part performance, equity may be resorted to to' obtain relief. 2 Parsons on Contract, p. 545, and Note UYJ and cases cited. An entire performance by either party entitles him to a…
1Opinion of the Court
By the Court.
Emmett, O. J.
This is an action on the part of a vendor, to enforce the specific performance of a contract for the sale of his interest in certain real estate. The lots which were the subject of tbe contract, are a portion of the town of Mankato, which, at the time of the alleged contract, were public lands belonging to the United States, but which was then settled upon and occupied as a town site, and was subsequently entered as such for the benefit of the occupants, under the provisions of the Aet of Congress, commonly known as the “Town Site Law.” The complaint alleges that in…
2Cited by4 opinions
- St. Anthony Falls Bank v. GrahamSupreme Court of Minnesota · 1897
- Hardin v. PalmerleeSupreme Court of Minnesota · 1881
- Burkee v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
- Confederated Tribes and Bands of The Yakama Nation v. Klickitat CountyDistrict Court, E.D. Washington · 2019