St. Paul Land Co. v. Dayton
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1917, among the opinions in this site’s citation index.
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Cases that cite this one
3 later published cases cite this decision.
- Standard Lithographing & Printing Co. v. Twin City Motor Speedway Co. (Minn. 1917)
- Wheeler v. Castor (N.D. 1903)
- St. Paul Land Co. v. Dayton (Minn. 1889)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order discharging an order to show ■cause why defendants should not be allowed to answer. We must assume that the defendants were, at the time this order was made, in default. If they were not, there was no necessity for applying to the court for leave to answer, and they were not prejudiced by the order appealed from. There was certainly no abuse of discretion in denying the application. First, the long delay, nearly five months, in making it, was npt satisfactorily excused. ’ Second, the proposed answer sets up no facts constituting a defence. The execution of the contract with plaintiff, as alleged in the complaint, is admitted. The denial of the corporate character of plaintiff is immaterial. The allegation that plaintiff has never offered or tendered performance on its part, or demanded performance on part of the defendants, is also immaterial, so long as the plaintiff alleges readiness and willingness to perform in the complaint. The matter could at most only affect the question of costs. Those portions of the answer attempting to avoid specific performance on the ground of fraud, mistake, ignorance, etc., do not allege any facts that would constitute any ground of relief either in law or equity. -
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.