Legal Opinion

Thwing v. Davison

Supreme Court of Minnesota

Decided February 5, 1885PublishedCited by 4 opinions

Appeal by defendants from an order of the district court for Hen-nepin county, Koon, J., presiding, overruling a demurrer to the complaint. . The complaint alleges in substance the following facts: On April 24, 1883, the plaintiffs and defendants entered into a written contract of sale, wherein the defendants sold, and the plaintiffs purchased, certain land in Hennepin county, which the defendants 'agreed to convey by a good and sufficient warranty deed.

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Appeal by defendants from an order of the district court for Hen-nepin county, Koon, J., presiding, overruling a demurrer to the complaint. . The complaint alleges in substance the following facts: On April 24, 1883, the plaintiffs and defendants entered into a written contract of sale, wherein the defendants sold, and the plaintiffs purchased, certain land in Hennepin county, which the defendants 'agreed to convey by a good and sufficient warranty deed. In this contract the defendants expressly covenanted and represented that the land described did and should contain 109 68-100 acres, but as…

1Opinion of the CourtGilfillan, C. J.

It is apparent from the complaint that when the executory contract to convey was made, the parties supposed that the tract which defendants agreed to convey to plaintiffs contained, and defendants covenanted in the contract that it did contain, 109 68-100 acres. And, although not as clearly stated in the complaint, it is also apparent that when the parties came to the performance of the ex-ecutory contract, — the defendants, by the execution of the conveyance, and the plaintiffs, by the payment of the cash part of the price then to be paid, and the execution of the notes and mortgage to…

2Cases cited3 opinions

  1. Paine v. . UptonNew York Court of Appeals · 1882
  2. Wilson v. . RandallNew York Court of Appeals · 1876
  3. Tarbell v. BowmanMassachusetts Supreme Judicial Court · 1869

3Cited by4 opinions

  1. Hubachek v. Estate of BrownSupreme Court of Minnesota · 1914
  2. Griswold v. EastmanSupreme Court of Minnesota · 1892
  3. Bunkers v. PetersSupreme Court of Minnesota · 1913
  4. Becthold v. KingSupreme Court of Minnesota · 1916

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