Gartrell v. Stafford, 12 Neb. 545, 11 N.W. 732 (1882): Specific performance, land

Historical Cases from Attorney Richard Clem: Gartrell v. Stafford, 12 Neb. 545, 11 N.W. 732 (1882): Specific performance, land.

Gartrell v. Stafford, 12 Neb. 545, 11 N.W. 732 (1882) is a widely cited case for the proposition that land is unique, since the buyer may be "reasonably supposed to have considered the locality, soil, easements, or accomodations of the land, generally, which may give a peculiar or special value to the land to him, that could not be replaced by other land of the same value, but not having the same local conveniences or accomodations." For that reason, the buyer is entitled to specific performance, and the defendant cannot assert that the plaintiff has an adequate remedy at law.

Gartrell is quite frequently cited for this proposition. For example, it is cited in Stringer v. Reed, 544 S.W.2d 69 (Mo. Ct. App. 1976).

View Full Text of Gartrell at Google Books.
Gartrell v. Stafford at Wikipedia.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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