Carlson v. Kroeger
Supreme Court of Minnesota
Action in the district court for Martin county to reform an exe-cutory contract for the sale of a; farm, and for specific performance thereof.
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Action in the district court for Martin county to reform an exe-cutory contract for the sale of a; farm, and for specific performance thereof. The case was tried before Dean, J., who at the close of the testimony denied defendant’s motion to instruct the jury to answer in the negative the special question submitted and to make and enter findings in favor of defendant, and a jury which answered in the affirmative the specific question: “Did the defendant agree to pay and assume the ditch lien upon the following described lands in Martin county * * * .” From an order denying his motion for…
1Opinion of the CourtHolt, J.
The action is to reform an executory contract for the sale of a farm in Martin county, and for specific performance of the contract as reformed. The following issue was settled to be tried to a jury, viz: “Did the defendant agree to pay and assume the ditch lien” upon the farm? The answer of the jury was in the affirmative. The appeal is from the order denying defendant’s motion -for judgment notwithstanding the verdict or for a new trial.
When the evidence was in, defendant moved the court that the jury be instructed to answer the question submitted in the negative •and that findings and…
2Cases cited4 opinions
- Mahoney v. Minnesota Farmers Mutual InsuranceSupreme Court of Minnesota · 1917
- Sloan v. BeckerSupreme Court of Minnesota · 1886
- Layman v. Minneapolis Realty Co.Supreme Court of Minnesota · 1895
- A. J. Dwyer Pine Land Co. v. WhitemanSupreme Court of Minnesota · 1904
3Cited by1 opinion
- Morrison v. PierceIdaho Supreme Court · 1929