Bennett v. Phelps
Supreme Court of Minnesota
This action was brought before a Justice of the Peace in Gooclhue County, to recover the sum of $70, part of the purchase price of certain real estate alleged to have been paid by the plaintiff to the defendants.
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This action was brought before a Justice of the Peace in Gooclhue County, to recover the sum of $70, part of the purchase price of certain real estate alleged to have been paid by the plaintiff to the defendants. The complaint alleges substantially, that the parties entered into a verbal contract for the purchase and sale of certain real estate, for which the plaintiff agreed to pay the defendants the sum of $250. That the plaintiff delivered to the defendants a yoke of oxen at the agreed price of $70, in part payment of the purchase price, and went into possession of the premises and made…
1Opinion of the Court
By the Court
McMillan, J.
This action was instituted originally before a Justice of the Peace, and is an action for money had and received. The object of the action is to recover the sum of $70, alleged to have been paid by the plaintiff to the defendants on a contract for the sale of certain lands described in the complaint. Judgment was rendered by the justice in favor of the plaintiff, and an appeal was taken by the defendants on questions of law to the district court, where the judgment of the justice was affirmed ; from the judgment of the district court the defendants appeal to this…
2Cited by15 opinions
- Omlie v. O'TooleNorth Dakota Supreme Court · 1907
- Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
- Bowman v. WadeOregon Supreme Court · 1909
- Backstrom v. New York Life Insurance Co.Supreme Court of Minnesota · 1932
- Warner v. LockerbySupreme Court of Minnesota · 1881
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