SHAUGHNESSY V. EIDSMO
222 Minn. 141, 23 N.W.2d 362 (1946)
NATURE OF THE CASE: This was an action for specific performance. Appealed. Eidsmo (D),
seller sought review of an order, which entered a judgment for Shaughnessy (P), buyers, in a
suit seeking the specific performance of an alleged contract for the sale of real estate.
D's motion for a new trial was denied.
FACTS: The Shaughnessys (P) entered into an oral lease with Eidsmo (D) for a house for
one year. P also was given an option to purchase the house at the end of the lease. The
agreement provided that, should P exercise the option, they would receive a credit in the
amount of rent paid during the lease toward the purchase price. Before the expiration of the
lease term, P notified D that they intended to exercise their option to purchase, and
demanded that D deliver a contract for the deed. D assured P that his word was good, but did
not deliver the contract. At the time the agreement was made, the house was subject to a
mortgage. The parties' agreement did not address whether P would buy the property subject to
the mortgage. P sued for specific performance on the option to purchase. D contested P's
factual allegations regarding the option to purchase. The court found for P. D appeals from
denial of his motion for a new trial.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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