Rice v. Tavernier
Supreme Court of Minnesota
EREOS TO THE DISTRICT COURT OR RAMSEY COUNTY. Points and Authorities of Plaintiff' in Error. I. — .Russell was not authorized to sell until a survey into lots by B. W. Brunson bad been made. Until that was done the power was in suspense.
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EREOS TO THE DISTRICT COURT OR RAMSEY COUNTY. Points and Authorities of Plaintiff' in Error. I. — .Russell was not authorized to sell until a survey into lots by B. W. Brunson bad been made. Until that was done the power was in suspense. See 2 Parsons on Contracts, 29; Story on Sales, 240 to 244. II. — The power was not only in suspense until a survey into lots, but was confined in its exercise, after survey, to conveyances in lots. 8 Wend., 83; 15 Johns., 43; 7 ib., 390. III. — 'The statement contained in tbe deed from the Plaintiff to Edmund Rice, was inadmissible • and is immaterial. Paley…
1Opinion of the Court
*250 By the Coivrt.
Emmett, C. J.
The Plaintiff was the owner of a tract of land, adjoining the original town of St. Paul, in the county of St. Croix, Wis-., now county of Ramsey, Minn., which was then being, or about to be, in part at least, laid out into lots, as an addition to said town. In January, 1849, he gave to one Roswell P. Russell a power of attorney to sell and convey the same, “ in lots, as surveyed hy B. W. Brunson ” and Russell afterwards, in the absence of the Plaintiff, but in pursuance, as he supposed, of the authority conferred by said letter of attorney, conveyed to Q-uerin the…
2Cases cited3 opinions
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Jaques v. ToddNew York Supreme Court · 1829
- Loomis v. M'ClintockSupreme Court of Pennsylvania · 1840
3Cited by1 opinion
- State v. WaddellSupreme Court of Minnesota · 1934