Melin v. Woolley
Supreme Court of Minnesota
Action ins the district court for Hennepin county to obtain the execution by defendant of a full warranty deed of the north one half of a certain lot. Defendant’s.demurrer to the complaint was sustained, Holt, J. The complaint not having been amended within the time granted, judgment was entered in favor of defendant. From the judgment plaintiff appealed.
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Action ins the district court for Hennepin county to obtain the execution by defendant of a full warranty deed of the north one half of a certain lot. Defendant’s.demurrer to the complaint was sustained, Holt, J. The complaint not having been amended within the time granted, judgment was entered in favor of defendant. From the judgment plaintiff appealed. The complaint set forth the following facts: The plaintiff and the respondent entered into a written agreement whereby, in consideration of one dollar from the plaintiff as earnest money and in part payment of the purchase, price of certain…
1Opinion of the CourtJaggard, J.
(after stating the facts as above).
The defendant contends that complaint does not state a cause of action for three reasons: “(1) The writing sought to be enforced is not a complete contract, is unenforceable, and binds no one. (2) The contract cannot be enforced because as to respondent it is indefinite and uncertain, and cannot be made certain by anything referred to in it1. (3) The contract is entire and indivisible, and is shown to be void as to Kemp — that is, void in part; hence it is wholly void.” In sustaining this view of the contract we think the trial court was in error.
In the…
Also in this document: Per curiam.
2Cases cited8 opinions
- Jackson v. TorrenceCalifornia Supreme Court · 1890
- Tobin v. LarkinMassachusetts Supreme Judicial Court · 1903
- Olson v. LovellCalifornia Supreme Court · 1891
- Naylor v. SteneSupreme Court of Minnesota · 1905
- Cochran v. BloutSupreme Court of the United States · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ward v. WalkerCourt of Appeals of Texas · 1913
- Pearce v. Third Ave. Improvement Co.Supreme Court of Alabama · 1930
- Schneidau v. ManleySupreme Court of Connecticut · 1944
- Nodland v. ChirpichSupreme Court of Minnesota · 1976
- Lockhart v. FerreyOregon Supreme Court · 1911
17 more not listed; retrieve them via the Exa API.