Legal Opinion

Althen v. Tarbox

Supreme Court of Minnesota

Decided January 6, 1892PublishedCited by 11 opinions

Appeal by defendant Eve Tarbox from an order of the district court of Eamsey county, Brill, J., made June 22, 1891, refusing a new trial. This action was begun in January, 1891, after the dismissal of a prior action reported ante, p. 1. Eve Tarbox, a married woman, owned an undivided third of a lot in Florence addition to St. Paul. In April, 1890, she entered into a contract with Peter Olson to convey it to him, and he agreed with her to build a house on it.

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Appeal by defendant Eve Tarbox from an order of the district court of Eamsey county, Brill, J., made June 22, 1891, refusing a new trial. This action was begun in January, 1891, after the dismissal of a prior action reported ante, p. 1. Eve Tarbox, a married woman, owned an undivided third of a lot in Florence addition to St. Paul. In April, 1890, she entered into a contract with Peter Olson to convey it to him, and he agreed with her to build a house on it. Her husband did not join in the contract. Olson hired the plaintiff to dig the cellar and build the cellar wall. Plaintiff began work…

1Opinion of the CourtCollins, J.

Action to enforce a mechanic’s lien. The defendant Eve Tarbox, as owner of the real property in question, entered into an executory contract of sale thereof with defendant Olson, contingent upon and providing for the erection of a dwelling house upon the premises by the latter. She was then a married woman, and her husband, defendant J. B. Tarbox, did not join with her in the written contract. Plaintiff, under an agreement with Olson, built a foundation for the dwelling on the land. The latter then abandoned his contract with Mrs. Tarbox, and plaintiff, seeking to enforce a lien upon the…

2Cases cited8 opinions

  1. Hill v. GillSupreme Court of Minnesota · 1889
  2. Tuttle v. HoweSupreme Court of Minnesota · 1869
  3. Little v. WillfordSupreme Court of Minnesota · 1883
  4. Page v. MitchellSupreme Court of Minnesota · 1887
  5. Nell v. DaytonSupreme Court of Minnesota · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Veale Lumber Co. v. BrownSupreme Court of Iowa · 1923
  2. Pett-Morgan v. KennedySupreme Court of Minnesota · 1895
  3. Kroessin v. KellerSupreme Court of Minnesota · 1895
  4. Coughlan v. LonginiSupreme Court of Minnesota · 1899
  5. Atlantic Terra Cotta Co. v. Moore Construction Co.West Virginia Supreme Court · 1914

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