Bresnahan v. Bresnahan
Supreme Court of Minnesota
Action in the district court for Fillmore county by Benjamin Bresnahan, Junior, against Benjamin Bresnahan, Senior, Kate McCarthy and her husband, to cancel a deed from Bresnahan, Sr. to defendants McCarthy and obtain a conveyance of the land to plaintiff from his father. At the trial the court, Whytock, J., found in favor of plaintiff and ordered judgment in his favor. The findings are stated more fully in the opinion.
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Action in the district court for Fillmore county by Benjamin Bresnahan, Junior, against Benjamin Bresnahan, Senior, Kate McCarthy and her husband, to cancel a deed from Bresnahan, Sr. to defendants McCarthy and obtain a conveyance of the land to plaintiff from his father. At the trial the court, Whytock, J., found in favor of plaintiff and ordered judgment in his favor. The findings are stated more fully in the opinion. From an order denying a motion for a new trial defendants appealed.
1Opinion of the CourtStart, C. J.
This is an action to enforce specific performance of an alleged oral contract between the plaintiff and the defendant Bresnahan for the sale by the latter to the former of 80 acres of land, the homestead of the defendant. The making of the contract was denied by the defendant, but the trial court found all of the issues for the plaintiff, and ordered judgment accordingly. The defendants appeal from an order denying their motion for a new trial.
The undisputed evidence establishes the following facts, among others: The plaintiff is a son of the defendant Benjamin Bresnahan, Sr., by a second…
2Cases cited2 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Williams v. StewartSupreme Court of Minnesota · 1879
3Cited by10 opinions
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- Herbstreith v. WallsNebraska Supreme Court · 1946
- Kent v. TallentSupreme Court of Oklahoma · 1919
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