Legal Opinion

Simpson v. Atkinson

Supreme Court of Minnesota

Decided September 17, 1888PublishedCited by 7 opinions

Appeal by plaintiff from an order of the district court for Eamsey . county, Simons, J., presiding, refusing a new trial, the action having been tried by I. Y. D. Heard, Esq., as referee, and judgment ordered ,for defendant.

1Opinion of the CourtCollins, J.

Action to compel the specific performance of a con- - tract to convey real estate. The trial was to a referee, who, upon his findings of fact, ordered judgment for defendant. In his conclu- , sions of law the referee was right, and the order refusing a new trial must be affirmed.

Passing any consideration of several points made by the respond- . ent, we are of the opinion that the plaintiff on more than one occasion waived and abandoned his right to have the contract enforced and its performance decreed. It was made in February, 1884. Soon . after defendant furnished for examination the…

2Cases cited1 opinion

  1. McDermid v. McGregorSupreme Court of Minnesota · 1874

3Cited by7 opinions

  1. Boulevard Plaza Corp. v. CampbellSupreme Court of Minnesota · 1959
  2. Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
  3. Thoemke v. FiedlerWisconsin Supreme Court · 1895
  4. Enkema v. McIntyreSupreme Court of Minnesota · 1917
  5. Brooks v. Hinton State BankSupreme Court of Oklahoma · 1910

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