Bancharel v. Patterson

The defendant was the owner of a certain city lot in Duluth, on the front end of which the city had condemned a strip of land about 16 feet in width for the purpose of widening the street. Plaintiff purchased the property, and an executory agreement was drawn up and signed, by the terms of which defendant agreed to sell to plaintiff the lot according to the original *455plat, which would include the strip so condemned. Shortly after-wards, the deed was made, delivered, and recorded, conveying only the portion of the lot remaining after the strip was so condemned. This action was afterwards…