LP42 Jacobson v GulbransenA What Essay

Submitted By jklacy
Words: 406
Pages: 2

"LP4.2 Jacobson v. Gulbransen."

A. What remedy did Jacobson seek against Gulbransens in this dispute?
Jacobson sought for the court to decree specific performance so that he would be awarded the parcel of land he originally agreed upon and was promised to have received from Gulbransen.
B. At trial, which witness did the trial court find to be credible, Gulbransen or Jacobsen?
The trial court found Gulbransen was not credible witness base on both the substance of his testimony and his demeanor. However it found Jacobson was very credible witness, with respect to the sale, the trail court determined it was in Jacobson’s self-interest to maintain the status quo and that he withdrew his objections to the sale out of courtesy to Gulbransen and in reliance upon the agreement between the parties.

C. According the trial court's findings, for what two reasons did Gulbransen refuse to convey the land to Jacobson in accordance with the agreement quoted in ¶6 of the South Dakota Supreme Court's opinion?
Additionally, the court determined Gulbransen refused to convey the land because the final size of the parcel was smaller than expected and thus, financing was less of an issue for him. In addition, land values had increased dramatically during the period between the initial negotiations and the time for conveyance.
D. What South Dakota statute cited by the Court requires that a contract for the sale of land, or some memorandum of the agreement, be in writing to be enforceable? (Use the following format when citing the statute: SDCL…