Legal Opinion

Gunderson v. Halvorson

Supreme Court of Minnesota

Decided June 7, 1918No. 20,809PublishedCited by 6 opinions

Action in the district court for Clay county to rescind a contract for the exchange of certain land or in case the land could not be recovered for judgment in the sum of $10,650. The answer alleged that plaintiffs shortly after the purchase was made and the execution of the contract, took possession of the land and personal property bought, sold the personal property and farmed the land during the year T915; and, to defendant’s best information and belief, during the year…

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Action in the district court for Clay county to rescind a contract for the exchange of certain land or in case the land could not be recovered for judgment in the sum of $10,650. The answer alleged that plaintiffs shortly after the purchase was made and the execution of the contract, took possession of the land and personal property bought, sold the personal property and farmed the land during the year T915; and, to defendant’s best information and belief, during the year 1916, and that plaintiffs at the time of the commencement of the action had possession, full control and use of the land.…

1Opinion of the CourtBrown, C. J.

This action was brought for the rescission and cancellation of an exec-utory contract for the sale and exchange of certain lands owned by the respective parties, and to recover payments made thereon by plaintiffs, on the ground that the contract was induced and brought about by the fraudulent representations of defendant as to the condition and fitness for agricultural purposes of the land to be conveyed by him to plaintiffs. On the trial below issues were framed and submitted to a jury, all of which were answered in favor of plaintiffs. Additional facts were found by the trial court, and…

2Cases cited4 opinions

  1. Marshall v. GilmanSupreme Court of Minnesota · 1891
  2. Parsons v. McKinleySupreme Court of Minnesota · 1894
  3. Straabe v. JacksonSupreme Court of Minnesota · 1916
  4. Weller v. Minnesota Land & Colonization Co.Supreme Court of Minnesota · 1902

3Cited by6 opinions

  1. Gridley v. RossIdaho Supreme Court · 1923
  2. Reinertson v. StruthersSupreme Court of Iowa · 1926
  3. Blythe v. KujawaSupreme Court of Minnesota · 1929
  4. International Finance Corporation v. RiegerSupreme Court of Minnesota · 1965
  5. Zeglin v. TetzlaffSupreme Court of Minnesota · 1920

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