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Shaughnessy v. Eidsmo

Supreme Court of Minnesota

23 N.W.2d 362 (1946)

Relevant factsFree

The Shaughnessys (plaintiffs) leased a house from Eidsmo (defendant) with an oral option to purchase; after exercising the option, they remained in possession beyond the lease term, continued paying Eidsmo (including on a separately purchased stove), and repeatedly asked him to draw up the contract for deed, which he never refused, only delayed.

IssueFree

Whether an oral agreement to convey real property is specifically enforceable against the seller where the buyers, occupying the property under a lease with an option to buy, notify the seller of their exercise of the option, retain possession of the property beyond the lease term, continue to make payments to the seller, and continually ask that a contract be drawn up without any objection by the seller.

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