Mundy v. Irwin

Citations

• 20 N.M. 43
• 145 P. 1080

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a vendor puts his vendee into possession of real estate, an uncertainty of description in the contract of sale, with otherwise might prevent specific performance of the contract, is thereby cured.</p> <p>P. 49</p> <p>2. The admission of alleged incompetent oral evidence to identify real estate defectively described in a written contract of sale cannot be reviewed, in the absence of the evidence from the record.</p> <p>P. 50</p> <p>3. Where the findings of the court show, at least inferentially, that the defendant bought by the tract, rather than the acre, he cannot defeat specific performance on account of slight deficiency in area from that mentioned in the contract of sale.</p> <p>P. 50</p> <p>4. A contract of exchange of real estate may be specifically enforced the same as one for ordinary sale, and the vendee may have a specific performance of that part of the contract which the vendor can perform, with compensation for that part which he cannot perform, the same as in ordinary cases of sales of real estate.</p> <p>P. 51</p>