Efta v. Swanson
Supreme Court of Minnesota
Action in the district court for Roseau county against F. W„ Swanson, Rachel Swanson and John Bohmer to reform a written contract and to reform the deed given in performance of the contract,, and to recover $1,600 damages for breach of warranty in the deed. From an order overruling defendants’ general demurrer, Grindeland,, J., they appealed.
1Opinion of the CourtJagg And, J.
The complaint of plaintiff and respondent herein set .forth that defendants, owning a tract of land, orally agreed to convey the same by full warranty deed to the premises; that subsequently the agreement was reduced to: writing; “that said defendants wilfully, wrongfully, and fraudulently represented to said plaintiff that the said contract provided for the delivery to him of a full warranty deed of said land; that said contract was written in the English language, as plaintiff verily believes; that plaintiff is foreign-bom, and does not. read, write, or understand the English language;”…
2Cases cited2 opinions
- Fritz v. FritzSupreme Court of Minnesota · 1905
- Olson v. EricksonSupreme Court of Minnesota · 1890