Martini v. Christensen
Supreme Court of Minnesota
Action in the district court for Bamsey county. The case was tried upon the issues between plaintiff and defendant Arend before Willis, J., who found in favor of said defendant.
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Action in the district court for Bamsey county. The case was tried upon the issues between plaintiff and defendant Arend before Willis, J., who found in favor of said defendant. Upon the hearing of the motion of plaintiff for a new trial, the court suggested that the motion would necessarily be granted, unless the answer of defendant Arend should be amended so as to contain allegations of fraudulent conduct on the part of defendant Christensen and his agent, corresponding to the facts as found. Thereafter, upon motion of defendant, an order was made granting leave to amend the answer as…
1Opinion of the Court
BUCK, J.2
The plaintiff is the assignee of a real-estate mortgage made by the defendant Christensen, who afterwards conveyed the premises to the defendant Arend; and, by the terms of the deed, Arend assumed and agreed to pay the mortgage of $1,600. This action is brought to recover the amount of the mortgage indebtedness.
The defendant'Arend alone answered; and in his answer originally drawn and served he alleged, in substance, that the assumption clause was inserted by the mistake of the scrivener who drew the deed, and by the mutual mistake of all the parties to the transaction. At the…
2Cited by2 opinions
- Sward v. NashSupreme Court of Minnesota · 1950
- Demaris v. RodgersSupreme Court of Minnesota · 1910