Pierce v. Clarke
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Brill, J., denying his motion for a new trial after findings and order for judgment in favor of plaintiff for $6,750 and interest.
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Appeal by defendant from an order of the district court for Ramsey county, Brill, J., denying his motion for a new trial after findings and order for judgment in favor of plaintiff for $6,750 and interest. The agreement of June 17, 1893, upon which the plaintiff bases his rights in this case, is void under the statute of frauds, for the reason that it is a contract for the sale of land, and is not in writing and subscribed by the party by whom the sale was to be made, or by his lawful agent thereunto authorized in writing. The alleged agreement attempted to provide that Samuel B. Pierce…
1Opinion of the CourtBuck, J.
On February 23,1892, one Herman Munch executed and delivered to E. A. Christian a promissory note, with interest coupon's attached, whereby Munch promised to pay to the order of said Christian on February 23, 1895, the sum of $6,750, value received, with interest thereon until paid at the rate of 8 per cent, per annum, payable semiannually in instalments to time of maturity, according to the terms of six interest coupon notes executed by Munch for the sum of $270 each. In case of default in the payment of any of the instalments of interest or interest notes, which default should continue for…
2Cases cited5 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- McWhorter v. McMahanNew York Court of Chancery · 1843
- Lowman v. SheetsIndiana Supreme Court · 1890
- Veazie v. MorseSupreme Court of Minnesota · 1896
- Hagelin v. WacksSupreme Court of Minnesota · 1895
3Cited by8 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Oertel v. PierceSupreme Court of Minnesota · 1911
- Hatlestad v. Mutual Trust Life Insurance Co.Supreme Court of Minnesota · 1936
- Nybladh v. Peoples State Bank of WarrenSupreme Court of Minnesota · 1956
- Jones v. PettigrewSouth Dakota Supreme Court · 1910
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