Brown v. California & Western Land Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to cancel plaintiff’s note of $1,350 and to recover $4,135. The answer set up a counterclaim for $1,444.83. The case was tried before Steele, J., who made findings, ordered judgment in favor of plaintiffs for $4,139.93 and the surrender and cancelation of the note for $1,350. From an order denying its motion for additional findings or for an order amending the findings and order for judgment or a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
In March, 1914, defendant owned a tract of land in California. On March 19, 1914, defendant sold 40 acres of the tract to plaintiff for $5,000. A contract of sale was executed by which the seller agreed to “furnish a certified copy of abstract thereto, showing good title,” and “to furnish to said purchaser, upon completion of the above payments, a good and sufficient guarantee of title,” meaning thereby, as the parties admitted “to furnish them some title policy from some company they will choose and say that it is a reputable company,” and “agreed that said lands shall be conveyed by good…
2Cases cited15 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- St. Regis Paper Co. v. . Santa Clara Lumber Co.New York Court of Appeals · 1906
- Gregory v. ChristianSupreme Court of Minnesota · 1890
- Angel v. Columbia Canal Co.Washington Supreme Court · 1912
- Olson v. LambNebraska Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Liebsch v. AbbottSupreme Court of Minnesota · 1963
- Lynch v. HigginsSupreme Court of Minnesota · 1923
- Zeglin v. TetzlaffSupreme Court of Minnesota · 1920
- Johnson v. JohnsonWyoming Supreme Court · 1951
- McChesney v. OppekSupreme Court of Minnesota · 1923
6 more not listed; retrieve them via the Exa API.