Langellier v. Schaefer

• Decision Date: 31 January 1887
• Citation: 36 Minn. 361
• Court: Minnesota Supreme Court
• Parties: AUGUSTE L. LANGELLIER <I>vs.</I> ANTHONY SCHAEFER.

Page 361

36 Minn. 361

AUGUSTE L. LANGELLIERvs.

ANTHONY SCHAEFER.

Supreme Court of Minnesota.

January 31, 1887.

Plaintiff brought this action in the district court for Ramsey county for specific performance of an alleged agreement by defendant to convey certain real estate to plaintiff. The defendant in his answer denied the making of any contract or that any negotiations were had between the parties except by means of certain letters which are set out in full. To this answer the plaintiff demurred, and by stipulation the issue of law thus raised was referred to A. S. Hall, Esq., for hearing and determination. The demurrer was sustained by the referee, and the defendant appealed. The letters pleaded in the answer are as follows:

                                           "ST. PAUL, MINN., April 8, 1886
                

"To Anthony Schaefer, Rushmore, Minn. — DEAR SIR: I own lot 4, block 5, West St. Paul proper, and I understand you own lot 3, same block. I am anxious to have Custer street graded, and would like to know if you are willing to join in a petition asking for that improvement? I would also ask what is your price for lot 3, and on what terms you will sell it? If you don't want to sell it, what will you give me for lot 4? A prompt reply will greatly oblige me.

                          "Yours, truly,               A. L. LANGELLIER
                                              "No. 37 Irvine park, St. Paul, Minn."
                                       "RUSHMORE, NOBLES CO., MINN., April 10, 1886
                

"A. L. Langellier, Esq. — DEAR SIR: Your favor of eighth inst. received and noted. Do not think I would care to have the improvement made at present, but I am in need of money, and would sell lot three for $800, cash. I refused $900 last year. I don't want lot 4. I am about to borrow some money on lot 3, so, if you want to buy, please let me know at once.

                       "Yours, truly,                            A. SCHAEFER."
                                                "ST. PAUL, MINN., April 13, 1886
                

"To Anthony Schaefer, Rushmore, Minn. — DEAR SIR: Your offer to sell me lot 3, block 5, West St. Paul proper, is accepted, although I am afraid I am paying $100 to $200 too much for it; but I am very anxious to have Custer street graded at once, and this lot now gives me enough property there to influence the board to have the work done. As the street is now 7 feet below grade, I am afraid the expense of grading will be very heavy, and I should prefer to buy your lot on time, if you would sell it that way; but if you prefer not, then please execute the inclosed deed before a competent notary public, and send it to the Bank of Minnesota, St. Paul, with instructions to Herman Scheffer, assistant cashier of the bank, to collect the amount due you, and deliver deed. I will pay their charges if there are any. You will send with the deed an abstract of title, to be continued to date, or, if you have not one, please order one. Please instruct the bank to give me the necessary time to examine title, etc., after abstract is ready. I shall, however, take up the deed with as little delay as possible. It is usual to give one or two weeks. In case you would just as willingly take say $300 down, and balance on or before one year, with 10 per cent. interest, I would rather have it so; but please send papers at once in any case, as I am anxious to apply for the grading while the contracts are being let. If you prefer to send the deed to any one else, it does not matter much to me, only that I don't want anything to do with any real-estate agent. Please send it to the Minnesota Bank, if possible, as that is the most convenient for me.

                        "Yours,

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