40 Minn. 433 | Minn. | 1889
Action to compel specific performance of a contract for the sale of land. The only question is whether there was a sufficient written memorandum of the contract to satisfy the requirements of the statute of frauds. The only writings were in the form of correspondence between defendant and one Terry, the agent of plain-* tiff. Assuming that these letters were in other particulars a sufficient memorandum, they are manifestly insufficient, for the reason that they contain no description- of the land which was t-he subjectmiatt.er of the contract. The only description found anywhere in the correspondence is in a letter from Terry to defendant, in which it is simply called “your land,” but what land, or where situated, nowhere appears. On the trial plaintiff attempted to supply the description by asking Terry what land he referred to in his letter, and what land hie and defendant had talked about in prior conversations which led up to this correspondence. But this was clearly incompetent. Evi
Order affirmed.
G-ilfillan, C. J., was absent, and took no part in.this decision.
