Shaughnessy v. Eidsmo

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Shaughnessy v. Eidsmo
Court Supreme Court of Minnesota
Date decided June 7, 1946


The Shaughnessy couple leased a house from Eidsmo for 1 year.

Shaughnessy claimed that Eidsmo has told him that at the conclusion of the 1 year of lease, then rent would go towards the purchase of the house.

After the 1 year of lease, Shaughnessy asked Eidsmo to deliver the contract of deed for the house to memorialize the oral contract.

Shaughnessy continued to pay monthly rent while Eidsmo refused to deliver the home deed.

Procedural History

Shaughnessy sued Eidsmo for specific performance of conveyance of the house.

Eidsmo loses.


Can taking possession of a property coupled with partial payments towards a home remove an oral contract from the statute of frauds?


Eidsmo argued that the oral agreement fell within the statute of frauds.


Taking possession with partial payment, in reliance of a vendor-vendee relationship & with no proof of irreparable injury through fraud, is sufficient to remove the contract from the statute of frauds.


Part performance exception to the statute of frauds.

Money damages aren't available when enforcing a contract for the sale of real estate under the part-performance exception.