Slocum v. Bracy
Supreme Court of Minnesota
Appeal by plaintiffs, James Slocum, Jr., and Amelia M. Slocum Ms wife, from an order of the District Court of Carver County, Francis Gadwell, J., made January 23, 1893, denying their motion for a new trial.
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Appeal by plaintiffs, James Slocum, Jr., and Amelia M. Slocum Ms wife, from an order of the District Court of Carver County, Francis Gadwell, J., made January 23, 1893, denying their motion for a new trial. On September 12, 1888, plaintiffs made a contract with defendants, Edward B. Bracy and O. T. Letcher, by which plaintiffs sold and transferred to> defendants a stock of goods, store and platform scales at Norwood, Minnesota, valued at fit,300, and defendants agreed to convey to plaintiffs within thirty days thereafter by good and sufficient deeds in fee, clear of all incumbrances, seven…
1Opinion of the CourtMitchell, J.
This was an action to recover the consideration paid for land which defendants contracted to convey to plaintiffs by “a good and sufficient deed, free of all incumbrances,” but which it is .alleged they had failed to convey, and were unable to convey, by reason of want of title.
Stripped of immaterial matter, the answer was that defendants had performed by procuring a quitclaim deed of the land to plaintiffs from a third party whose title ‘Tested upon final receipts of the receiver of the United States land office,” which deed plaintiffs had .accepted as full performance of defendants’…
2Cases cited2 opinions
- Donlon v. EvansSupreme Court of Minnesota · 1889
- Holm v. Village of CarverSupreme Court of Minnesota · 1893
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