Sanborn v. Nockin

• Decision Date: 01 January 1873
• Citation: 20 Minn. 163
• Parties: JOHN B. SANBORN and others v. CHARLES NOCKIN.
• Court: Minnesota Supreme Court

Page 163

20 Minn. 163

JOHN B. SANBORN and othersv.

CHARLES NOCKIN.

Supreme Court of Minnesota.

Appeal by defendant from an order of the court of common pleas, Ramsey county, denying a new trial.

Action for specific performance tried by the court without a jury. The court held the contract to convey made out by certain letters passed between the parties, and that plaintiffs were entitled to a specific performance and to damages for the refusal of defendant's wife to sign a deed, in case she refused, and directed judgment therefor with leave to plaintiffs to apply to the court thereafter, on the question of damages.

H. J. Horn and Mitchell & Yale, for appellant.

John B. & W. H. Sanborn, for respondents.

BERRY, J.

This action is brought to compel specific performance of defendant's alleged contract to convey a certain tract of land. The negotiations were conducted by letters which are sufficiently connected by reference to show that they all relate to the same transaction, and which may all therefore properly be considered for the purpose of determining what such transaction was. By their letter of May 24th, when read in connection with the preceding correspondence, plaintiffs offer to purchase the five acres of land owned by defendant in section 2, township 28, range 23, for $300 per acre, cash, on delivery of a warranty deed executed by defendant and wife; the deed to be sent to one Kiefer for delivery upon payment of $1,500, such payment to be made as soon as plaintiffs, upon being notified of the arrival of the deed, can procure and examine an abstract, if the title is found correct. To this offer defendant, in his letter of May 27th, replies: "I take your offer as granted, in so far that you must allow me at least 14 days' time in order to make title perfect, and get my wife to sign deed. If this is done, then the bargain is made. I have got an abstract of land deposited at Chicago, where my wife is at present on a visit, and within this week I shall go to the latter city in order to arrange the matter. I do not doubt of a good result; shall let you know within a short time. If everything will be in order, I shall send abstract and papers to Messrs. Willius Bros. & Dunbar's banking house, St. Paul." To which plaintiffs, May 29th, answer: "We close the bargain with you on the terms proposed, and grant you the 14 days from this date to perfect your title."

The proper construction of defendant's letter of May 27th is that he accepts plaintiff's offer of the 24th on condition that he is allowed not less than 14 days' time in...