46 Minn. 507 | Minn. | 1891
The action is on a contract to exchange lands, the plaintiff agreeing to convey to defendant a lot in Minneapolis, and defendant to convey to plaintiff certain lands in Wright county. The complaint states the contract, a tender of performance by plaintiff by his tender of a deed to defendant, and a request by him upon defendant to convey the Wright county lands to him, and a refusal by defendant to accept the deed of plaintiff, or to convey to him the Wright county lands; and also alleges that plaintiff is now ready and willing to perform the contract on his part, and to keep the tender of his deed to defendant good, and to bring the same into court, that it may be delivered to defendant; and it demands a money judgment only. The answer puts in issue most of the allegations of the complaint; alleges what the contract was, not varying, in substance, from the statement of it in the complaint; alleges that the plaintiff had not a good title to the whole of the Minneapolis lot,
The procedure in the case was somewhat singular. The complaint sets forth all the facts necessary in an action for specific perform
The plaintiff having performed on his part, the measure of compensation or damages, whichever it may be called, for non-performance on the part of the defendant, was, of course, the value of the .lands which he ought to have conveyed. The contract specifically
Order affirmed.