Malmgren v. Phinney
Supreme Court of Minnesota
Appeal by defendants Charles J. Berryhill, Charles Davison, Charles Huntsaker, William C. Resser and Charles F. Konantz, from a judgment of the District Court, Ramsey County, Kelly, J., entered February 26, 1893. The plaintiff Emil Malmgren and others, partners as Malmgren & Hokanson, on October 30, 1890, and on other days between that day and December 1, 1890, under a contract with the defendant Albert S. Phinney, furnished materials and performed work and labor in the…
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Appeal by defendants Charles J. Berryhill, Charles Davison, Charles Huntsaker, William C. Resser and Charles F. Konantz, from a judgment of the District Court, Ramsey County, Kelly, J., entered February 26, 1893. The plaintiff Emil Malmgren and others, partners as Malmgren & Hokanson, on October 30, 1890, and on other days between that day and December 1, 1890, under a contract with the defendant Albert S. Phinney, furnished materials and performed work and labor in the construction of a stone foundation for a barn on lot six (6) in block three (3) of Nininger & Donnelly’s Addition to…
1Opinion of the CourtMitchell, J.
April 3, 1890, defendants Berryhill and Davison, being the owners of a certain lot in St. Paul, (one hundred and sixty-four [164] feet in length from north to south,) contracted to sell it *461to one Wick for $2,500, of which $1,500 was to be paid in cash on delivery of the deed, and the remaining $1,000 to be secured by mortgage on the lot.
This contract also provided “that, if Wick shall erect, or cause to be erected, a dwelling house on said lot, he may incumber said lot by a mortgage in an amount not exceeding $3,000, which said mortgage said Berryhill and Davison agree may be superior and…
2Cases cited5 opinions
- Savings and Loan Society v. ThompsonCalifornia Supreme Court · 1867
- Miller v. . MeadNew York Court of Appeals · 1891
- Sewall v. City of St. PaulSupreme Court of Minnesota · 1874
- Reilly v. WilliamsSupreme Court of Minnesota · 1891
- Steinmetz v. St. Paul Trust Co.Supreme Court of Minnesota · 1892
3Cited by25 opinions
- State Ex Rel. Putnam v. HolmSupreme Court of Minnesota · 1927
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
- Grise v. WhiteMassachusetts Supreme Judicial Court · 1969
- Matter of Cliff's Ridge Skiing Corp.United States Bankruptcy Court, W.D. Michigan · 1991
- State v. DuncanSupreme Court of Louisiana · 1907
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