Smith v. Kurtzenacker
Supreme Court of Minnesota
Action in the district court for Wright county to cancel a contract for the sale of certain real property and to recover $2,300. The substance of the pleadings will be found in the second and third paragraphs of the opinión. The case was tried before G-iddings, J., who made findings and ordered judgment in favor of defendants. Plaintiffs motion for amended findings and conclusions or for a new trial, was denied.
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Action in the district court for Wright county to cancel a contract for the sale of certain real property and to recover $2,300. The substance of the pleadings will be found in the second and third paragraphs of the opinión. The case was tried before G-iddings, J., who made findings and ordered judgment in favor of defendants. Plaintiffs motion for amended findings and conclusions or for a new trial, was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the CourtBrown, C. J.
Action to rescind a contract for the sale of certain real property and to recover the down payment made at the time the contract was entered, into on the ground of fraudulent representations as to the title. Defendants had judgment and plaintiff appealed.
The complaint alleged in substance and effect that plaintiff was induced to enter into the contract by reason of the misrepresentations to her that defendant John Kurtzenacker was the absolute owner of the property, with the right of possession, when in fact he was not such owner or entitled to the possession of the land. The answer put the…
2Cases cited5 opinions
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- United States v. ChaseSupreme Court of the United States · 1917
- True v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914
- Loveridge v. ColesSupreme Court of Minnesota · 1898
- Geray v. Mahnomen Land Co.Supreme Court of Minnesota · 1919
3Cited by9 opinions
- Paynesville Land Co. v. GrabowSupreme Court of Minnesota · 1924
- Wolken v. WadeSouth Dakota Supreme Court · 1987
- Clark v. IngleNew Mexico Supreme Court · 1954
- Holmes v. ConterSupreme Court of Minnesota · 1941
- Morris v. BlossomSupreme Court of Minnesota · 1930
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