Hamlin v. Wistar

• Decision Date: 19 January 1884
• Citation: 31 Minn. 418
• Parties: HOBART O. HAMLIN <I>vs.</I> BARTHOLOMEW WISTAR.
• Court: Minnesota Supreme Court

Page 418

31 Minn. 418

HOBART O. HAMLIN vs. BARTHOLOMEW WISTAR.

Supreme Court of Minnesota.

January 19, 1884.

Appeal by plaintiff from an order of the district court for Hennepin county, Lochren, J., presiding, sustaining a general demurrer to the complaint.

Frackelon & Warner, for appellant.

Rea, Kitchel & Shaw, for respondent.

BERRY, 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 particulars, without uselessly consuming time or space to mention others: First. Defendant's requirement or condition (for it clearly was such) that the cash payment of $6,163.65 should be deposited "in bank, to lie there bearing interest until the trade is made, and as much longer as I may desire," was not acceded to by plaintif...