Jackson v. Badger
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Ramsey county, to recover damages for the failure of defendant to perform a contract for the sale of land alleged to have been made by his authorized agents. The action was tried by a referee, who directed judgment for the plaintiffs. A motion for a new trial was denied by Brill, J., and the defendant appeals from the judgment entered.
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Plaintiffs brought this action in the district court for Ramsey county, to recover damages for the failure of defendant to perform a contract for the sale of land alleged to have been made by his authorized agents. The action was tried by a referee, who directed judgment for the plaintiffs. A motion for a new trial was denied by Brill, J., and the defendant appeals from the judgment entered. The alleged sale was made by the firm of Cochran, Eice & Walsh, real-estate agents, under the authority contained in the following letter, viz.: “Pittsburgh, Feb. 17, 1885. “Gentlemen: — Yours of the 14th…
1Opinion of the CourtDickinson, J.
1. Although the authority conferred by the defendant, by letter, upon Messrs. Cochran, Bice& Walsh to “sell” the land, was insufficient to empower them to convey, it authorized them, as his agents, to make an executory contract to sell, upon the terms stated, therein. Minor v. Willoughby, 3 Minn. 154, (225;) Groff v. Ramsey, 19 Minn. 24, (44;) Haydock v. Stow, 40 N. Y. 363, 368; Johnson v. Dodge, 17 Ill. 433; Peabody v. Hoard, 46 Ill. 242.
2. In respect to the time for the payment of the deferred portion of the purchase price, the contract made by the agents, and upon which this action is…
2Cases cited13 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Haydock v. . StowNew York Court of Appeals · 1869
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
- Thompson v. BickfordSupreme Court of Minnesota · 1872
- Johnson v. DodgeIllinois Supreme Court · 1856
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3Cited by25 opinions
- Rhode v. GallatSupreme Court of Florida · 1915
- Brown v. GilpinSupreme Court of Kansas · 1907
- Kileen v. KennedySupreme Court of Minnesota · 1903
- Gross Iron Ore Co. v. PaulleSupreme Court of Minnesota · 1916
- Henry v. LaneCourt of Appeals for the Fifth Circuit · 1904
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