Romans v. Langevin
Decision Date | 04 December 1885 |
Parties | WILSON J. ROMANS <I>vs.</I> EDWARD LANGEVIN. |
Court | Minnesota Supreme Court |
Uri L. Lamprey, for appellant.
Williams & Goodenow and G. M. Orr, for respondent.
The complaint alleges that on December 2, 1884, the defendant, by his agent, "made and entered into" the following agreement, viz.:
The complaint also alleges that defendant was, on said second day of December, owner and possessed of the "real property" above "described;" and upon other appropriate allegations of tender, etc., a specific performance is prayed for.
A written agreement is not made and entered into, or, what is equivalent, "executed," until it is delivered; and hence an averment that such an agreement is "made and entered into" includes its delivery. Churchill v. Gardner, 7 Term Rep. 592.
There is no uncertainty as to who are the parties to the agreement. The defendant, Langevin, is the vendor, and the plaintiff, Romans, by whom the "earnest-money and part purchase price" of the property is paid, is the vendee. See Hurley v. Brown, 98 Mass. 545; Fowler v. Redican, 52 Ill. 405. The agreement is not uncertain as to terms of payment. The price, ($1,800,) less $100 earnest-money, is to be paid by assuming the mortgage now on the lot for $600, and by paying the balance, whatever it may be, (a mere matter of computation,) in cash. Though mentioning no state, county, or town in which, or plat on which, the land bargained is found, the agreement nevertheless gives a description which purports to and fitly may designate a particular piece of land, as the complaint in effect alleges that it in fact does. It cannot, therefore,...
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... ... Blair, 33 Iowa 318; Butler v ... Davis, 5 Neb., 521; Harding v. Strong, 42 Ill ... 148; Clark v. Powers, 45 Ill. 283; Romans v ... Langevin, 34 Minn. 312.) ... Sufficient ... equities were established to warrant foreclosure of the trust ... deed. The bonds ... ...
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McMahon v. Plumb
...10 Conn. 192; Hurley v. Brown, 98 Mass. 545, 96 Am. Dec. 671; Eaton et al. v. Wilkins et al., 163 Cal. 242, 127 Pac. 71; Romans v. Langevin, 34 Minn. 312, 25 N. W. 638; Troup v. Troup, 87 Pa. 149; Colerick et al. v. Hooper, 3 Ind. 316, 56 Am. Dec. 505; Beach, Eq. Jur. § 583; 36 Cyc. 593. Ev......
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Quinn v. Champagne
...when read in the light of such circumstances, the subject-matter is therein clearly designated. Authorities above cited; also Romans v. Langevin, 34 Minn. 312,25 N. W. Rep. 638;Mead v. Parker, 115 Mass. 413; Pom. Cont. 152. Although there may be lands in other states to which the terms, “to......
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Quinn v. Champagne
...when read in the light of such circumstances, the subject-matter is therein clearly designated. Authorities above cited; also Romans v. Langevin, 34 Minn. 312, (25 N. W. Rep. 638;) Mead v. Parker, 115 Mass. 413; Pom. Cont. 152. Although there may be lands in other states to which the terms,......