Stensgaard v. Smith
Supreme Court of Minnesota
Action brought in the district court for Ramsey county, to recover $13,000 damages for breach of the alleged contract set forth in the opinion, the complaint alleging that immediately after the date of such contract the land described in it rapidly increased in value, and within the period of three months designated in such contract the land was worth in market and could and would have been sold by plaintiff for $30,000, except for defendant’s breach of the contract on…
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Action brought in the district court for Ramsey county, to recover $13,000 damages for breach of the alleged contract set forth in the opinion, the complaint alleging that immediately after the date of such contract the land described in it rapidly increased in value, and within the period of three months designated in such contract the land was worth in market and could and would have been sold by plaintiff for $30,000, except for defendant’s breach of the contract on January 12, 1887, by conveying the land to another. At the trial, before Kelly, J., a verdict was directed for defendant at…
1Opinion of the CourtDickinson, J.
This action is for the recovery of damages for breach of contract. The rulings of the court below, upon the trial, were based upon its conclusion that no contract was shown to have been entered into between these parties. We are called upon to review the case upon this point. The plaintiff was engaged in business as a real-estate broker. On the 11th of December, 1886, he procured the defendant to execute the following instrument, which was mostly in printed form:
“St. PAUL, Dec. 11, 1886.
“In consideration of L. T. Stensgaard agreeingjÉll» act as agent for the sale of the property hereinafter…
2Cases cited4 opinions
- Goward v. WatersMassachusetts Supreme Judicial Court · 1868
- Furnell v. City of St. PaulSupreme Court of Minnesota · 1873
- Ellsworth v. Southern Minnesota Railway Extension Co.Supreme Court of Minnesota · 1884
- Andreas v. HolcombeSupreme Court of Minnesota · 1876
3Cited by35 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Johnson v. Breckenridge-Stephens Title Co.Texas Commission of Appeals · 1924
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Petterson v. PattbergNew York Court of Appeals · 1928
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