Austin v. Wages
Supreme Court of Minnesota
Action for specific performance. Defendants appeal from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial. The case is stated in the opinion. There is such a lack of mutuality in this contract that it should not be enforced in equity. Bailey v. Austrian, 19 Minn. 465, (535;) Goodwin v. Lyon, 4 Porter, (Ala.) 297; Hays v. Hall, Id. 374; Boucher v. Van Bushirh, 2 A. K. Marsh. (Ky.) 346; Page v. Hughes, 2 B. Mon.
Read the full summary
Action for specific performance. Defendants appeal from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial. The case is stated in the opinion. There is such a lack of mutuality in this contract that it should not be enforced in equity. Bailey v. Austrian, 19 Minn. 465, (535;) Goodwin v. Lyon, 4 Porter, (Ala.) 297; Hays v. Hall, Id. 374; Boucher v. Van Bushirh, 2 A. K. Marsh. (Ky.) 346; Page v. Hughes, 2 B. Mon. (Ky.) 439; Reed v. Chambers, 6 Gill & John. (Md.) 490; Rust v. Conrad, 47 Mich. 449; Parkhurst v. Van Cortlandt, 1 John. Ch. 273; Benedict…
1Opinion of the CourtYanderburgh, J.
This action is brought for the specific performance of an agreement for the conveyance of real estate.
On October 15, 1881, which was the date of the contract, and in consideration of the sum of $100, expressed in the writing and paid on the delivery thereof, the defendants, Henry Wacks and wife, bargained and agreed to convey to the plaintiffs the premises in question, .being the homestead of the defendant Henry Wacks, in the city of Minneapolis. As recited in the agreement, which was under seal and signed by the defendants only, they vfrere “to furnish immediately to said Austin and Crays an…
2Cases cited8 opinions
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Hubbell v. . Von SchoeningNew York Court of Appeals · 1872
- Davison v. . Associates of the Jersey CompanyNew York Court of Appeals · 1877
- McGuire v. StevensMississippi Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Boulevard Plaza Corp. v. CampbellSupreme Court of Minnesota · 1959
- O'Connor v. HughesSupreme Court of Minnesota · 1886
- Mintle v. SylvesterSupreme Court of Iowa · 1926
- Stone v. HarmonSupreme Court of Minnesota · 1884
- Hilton v. NelsenSupreme Court of Minnesota · 1979
7 more not listed; retrieve them via the Exa API.