Property Brief Gerruth Realty Co. v. Pire Procedural History: Lower court concluded that defendants were entitled to a dismissal of the complaint. Plaintiffs appeal. Affirmed. Facts: June 15, 1960, defendants signed an instrument designated “Deposit Receipt and Purchase Agreement” and it was thus accepted by the plaintiff. Purchase price was for property worth $30,000. $5,000 [...]

Property Brief Skendzel v. Marshall Procedural History: Lower court ruled for the defendant. Appealed. Reversed. Appealed. Reversed and Remanded with Instructions. Facts: December 1958, Burkowski, as vendor, entered into a land sale contract with March, as vendees. Contract provided for the sale of certain real estate for the sum of $36,000 with specifications as to [...]

Property Brief Union Bond & Trust Co. v. Blue Creek Redwood Co. Procedural History: Trial Court ruled for the Defendant. Appealed. Preliminary decree allowing plaintiff to complete the contract within a specified time by paying the entire purchase price together with the defendant’s damages resulting from the delay in performance. Facts: May of 1946, the [...]

Property Brief Kasten Construction Co. v. Maple Ridge Construction Co. Procedural History: Chancellor ruled for Maple Ridge, requiring specific performance of the contract. Appealed. Decree Affirmed. Facts: Contract, which was dated for December 4, 1964, provided for the sale and purchase of a tract of land in Section 4 of the Maple Ridge Subdivision. Maple [...]

Property Brief Doctorman v. Schroeder Procedural History: Bill dismissed. Appealed Affirmed for Schroeder. Facts: This is a contract for the sale of land provided for the second payment, a payment of $1500, on December 19th, 1919 with $500 being paid prior. On the stipulated day, Doctorman was unable to raise the $1500 which she was [...]

Property Brief Hickey v. Green Procedural History: Trial court granted specific performance for Hickey. Appealed. Remanded Facts: Green owns a lot in the Manomet section of Plymouth. In July 1980 she advertised it for sale. Hickey and his wife discussed with Green purchasing the lot on the 11th and 12th of July. On July 12th, [...]

Property Brief Niernberg v. Feld Procedural History: Lower court ruled in favor of the plaintiff (Feld). Appealed. Affirmed. Facts: The Niernberg’s own real estate for which they entered into an agreement with Mr. Feld for the sale. They agreed on a purchase price of $27,000 with a $1,500 deposit. It was agreed that if payment [...]

Property Brief Ward v. Mattuschek Procedural History: Lower court ruled for the defendant. Appealed. Reversed. Facts: Defendants own and reside on a ranch in Fergus County, Montana. After hearing their place may be for a sale, a real estate agent named Carnell met with the defendants and was appointed their agent. A few days later, [...]

Property Brief King v. Wenger Procedural History: Lower court ruled for the defendants. Appealed. Affirmed Facts: Defendants owned an undivided half interest in the property subject to a life estate in their mother. The mothers health was failing she suggested selling the land. The daughters agreed. The daughters approached the plaintiff to have it appraised [...]

Property Brief Shaughnessy v. Eidsmo Procedural History: Lower court for Shaughnessy. Appealed from an order denying motion for a new trial. Facts: Plaintiffs leased Eidsmo a dwelling house pursuant to an oral agreement. It was for a term of one year with the option to purchase at the end of the year lease. Plaintiffs sought [...]