Anderson v. Johnson
Supreme Court of Minnesota
Action in the district court for Ramsey county for the rescission of a contract for the sale of land, and to recover $800, part of which sum plaintiff had paid under said contract, and for part of which he had become liable under the contract. The cause was tried before Bunn, J., and a jury, and a verdict was directed in favor of defendants. From an order denying plaintiff’s motion for a new trial, he appealed.
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Action in the district court for Ramsey county for the rescission of a contract for the sale of land, and to recover $800, part of which sum plaintiff had paid under said contract, and for part of which he had become liable under the contract. The cause was tried before Bunn, J., and a jury, and a verdict was directed in favor of defendants. From an order denying plaintiff’s motion for a new trial, he appealed. An agent to sell has authority to agree to refund the purchase money. Deering v. Thom, 29 Minn. 120; Mason v. Taylor, 38 Minn. 32; Le Roy v. Beard, 8 How. 451.
1Opinion of the CourtGantt, J.
The plaintiff alleges in his complaint that in December, 1896, one Staberg was the owner of a certain 160 acres of land in Aitkin county, subject to the payment of $400 of the purchase price thereof, then owing to the Northern Pacific Railway Company, and that defendants were agents of Staberg, with authority to sell the land for him; that they entered into an agreement with plaintiff whereby, as agents of Staberg, they agreed to sell plaintiff the land, whereby he agreed to pay therefor in cash $400, and to pay also the $400 due the railway company as the same would fall due, and whereby…
2Cases cited1 opinion
- Wilcox v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Minnesota · 1877
3Cited by10 opinions
- Whitcomb v. OllerSupreme Court of Oklahoma · 1913
- State v. MatousekSupreme Court of Minnesota · 1970
- Hunt v. RoosenSupreme Court of Minnesota · 1902
- Record v. WagnerSupreme Court of New Hampshire · 1957
- Doeren v. KrammerSupreme Court of Minnesota · 1919
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