Taylor v. Read
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Blue Earth county, to enforce the specific performance ■ of an alleged contract of the defendants for the conveyance of certain lands described in the complaint, and to recover the consideration already paid by him, in case the defendants, for want of title, should be unable to convey.
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The plaintiff brought this action in the district court for Blue Earth county, to enforce the specific performance ■ of an alleged contract of the defendants for the conveyance of certain lands described in the complaint, and to recover the consideration already paid by him, in case the defendants, for want of title, should be unable to convey. The action was tried by the court and a money judgment was ordered and entered for the plaintiff, from which judgment the defendants appeal. The findings in the court below are stated in the opinion.
1Opinion of the Court
*373 By the Court.
Berry, J.
This action was tried below by the court. The findings, so far as important, are as follows, viz.: “ I find for facts, that, by a writing under date of November 11th, 1867, the defendant Read bargained to the plaintiff a certain farm and lands, including a piece therein described as ‘ fifteen acres which I purchased of Barnes,’ being timber land. The plaintiff was to pay $2,000 for the whole; but for the said fifteen acres, separated from the rest, $ 150. At the time of the bargain Read was sick, and Barnes, his son-in-law, who appears to have been cognizant of the…
2Cases cited1 opinion
- Bennett v. PhelpsSupreme Court of Minnesota · 1867
3Cited by3 opinions
- Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
- Herrick v. NewellSupreme Court of Minnesota · 1892
- Thiele v. CareyNebraska Supreme Court · 1909