Frank v. Schnuettgen

Citations

• 187 F. 515
• 109 C.C.A. 281
• 1911 U.S. App. LEXIS 4190

Syllabus

<p>1. Specific Performance (§ 20*)- -Contracts Enforceable — Contract by Part Owner for. Sale of Land.</p> <p>A part owner of a tract of land who joins in a contract to sell the entire tract ami subsequently becomes the sole owner may be compelled to convey the same if' tlie case is otherwise one for specific performance.</p> <p>[Ed. Note. — For other cases, see Specific Performance, Cent. Dig. § 48; Dec. Dig. § 20.*]</p> <p>2. Vendor and Purchaser (§ 33*) — Con,stkuction—Inability of Party to Head — -Kepresentationh by Opposite Party.</p> <p>Where a contract giving an option to purchase land was prepared by the vendor, and the purchaser was unable to read or understand Hnglish, in which language it was written, oral statements made to him by tbe vendor as to its contents are binding on the vendor.</p> <p>[Ed. Note.- — For other cases, see Vendor and Purchaser, Cent. Dig. §§ 3S-44; Dec. Dig. § 33.*]</p> <p>3. Specific Performance (§ 57*) — Contracts Enforceable — Options.</p> <p>A contract giving an option to purchase laud to be exercised within a stated time, ,if based on a good consideration and if accepted within that time, is valid, and may be specifically enforced by the purchaser.</p> <p>LEd. Note. — For other eases, see Specific Performance, Cent. Dig. § 178; Dec. Dig. § 57.*]</p> <p>4. Specific Performance (§ 114*) — Right to Relief — Contract for Sale of Dand.</p> <p>A bill alleged that complainant’s deceased husband, who by bis will made her his sole devisee and legatee, in his lifetime made an agreement with defendant and another, who were owners of 300 acres of land, to purchase the same at $100 per acre; that, being unable to raise all of the money, it was afterward agreed that he should purchase 50 acres at $250 per acre, and should have a contract to purchase the remainder for $70 per acre at any time within 5 years, in the meantime to have possession, of all of the land and pay rent for that not paid for; that he paid for the 50 acres, received a dee