Legal Opinion

Massey v. Lindeni

Supreme Court of Minnesota

Decided May 18, 1906No. Nos. 14,752-(76)PublishedCited by 3 opinions

Appeal by plaintiff from an order of the district court for Otter Tail county, Baxter, J., denying a motion for a new trial, after a trial and findings in favor of defendant Gaar, Scott & Company.

1Opinion of the CourtStart, C. J.

This is an appeal by the plaintiff from an order denying his motion for a new trial in an action to reform a written contract for the sale of real estate on the ground of mutual mistake.

The here material allegations of the complaint are to the effect: That on March 1, 1904, the plaintiff was the owner in fee of seventy four and a half acres of land, which was described in the complaint, subject to two mortgages thereon, one for $800, and the other for $61, each bearing interest at the rate of five and a half per cent, a year, payable annually, and both were then duly recorded in the office of…

2Cases cited3 opinions

  1. Wall v. MeilkeSupreme Court of Minnesota · 1903
  2. Layman v. Minneapolis Realty Co.Supreme Court of Minnesota · 1895
  3. Klatt v. DummertSupreme Court of Minnesota · 1897

3Cited by3 opinions

  1. Shraiberg v. HansonSupreme Court of Minnesota · 1917
  2. Brooks v. American Lumber & Construction Co.Supreme Court of Minnesota · 1925
  3. Segerstrom v. Holland Piano Manufacturing Co.Supreme Court of Minnesota · 1923

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