Tidball v. Challburg Bros.
Tidball v. Challburg Bros.
Opinion of the Court
This is a suit for specific performance of an alleged contract to convey an elevator. The agreement sued on is in these words: “We, the undersigned, hereby give R. M. Tidball an option on the purchase of our elevator at Saronville, Nebr., of thirty days (30 days) from date, for the sum of fifteen hundred dollars ($1,500), which includes the elevator building, and all machinery thereto belonging, scales and office, corn crib, two horses, harness and all other fixtures belonging to the house. At the end of said time said R. M. Tidball pays us the above named sum, namely, fifteen hundred dollars ($1,500), we will give to him a bill of sale and clear title to above described property.” A demurrer was sustained in the lower court, and the plaintiff has appealed. It appears that the property was situated upon a railroad right of way and was personalty. Por this reason, and because the writing gives an option only, it is argued that there is an adequate remedy at law and that the alleged' contract lacks mutuality, so that a suit for specific performance would not be maintainable. Were these questions necessarily involved, we should be disposed to agree with the appellant. We are inclined to think that when the agreement is to convey a grain elevator, the remedy at law is inadequate. Grain elevators are not ordinary articles of merchandise,
We recommend that the decree be affirmed.
For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.