Legal Opinion

Wyvell v. Jones

Supreme Court of Minnesota

Decided June 8, 1887PublishedCited by 6 opinions

Plaintiff brought this action in the district court for Otter Tail county, to recover $80.50, the value of goods alleged to have been sold and delivered to the defendant. The answer alleges the oral agreement recited in the opinion, and that the goods in question were furnished thereunder, and that plaintiff failed to perform the agreement.

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Plaintiff brought this action in the district court for Otter Tail county, to recover $80.50, the value of goods alleged to have been sold and delivered to the defendant. The answer alleges the oral agreement recited in the opinion, and that the goods in question were furnished thereunder, and that plaintiff failed to perform the agreement. A jury was waived, and the action tried by Baxter, J., who-found the facts recited in the opinion, and ordered judgment for'plaintiff, which was entered, and the defendant appealed. The respondent having refused to make payment of the purchase-price, there…

1Opinion of the CourtBei.ry, J.

Some time in the summer of 1882, plaintiff and defendant made an oral agreement, by the terms of which the latter undertook to sell to the former certain land for the price of one hundred -and sixteen dollars, eighty to one hundred dollars of which was to be paid in furniture, and the balance in cash, in November, 1882. The defendant was to execute and deliver a warranty deed to plaintiff; -and as, at the time when the contract was made, the defendant had not acquired title, it was further agreed that the plaintiff should have time until the execution and delivery of the deed (though after…

2Cases cited3 opinions

  1. City of Winona v. Minnesota Railway Construction Co.Supreme Court of Minnesota · 1880
  2. Payson v. EverettSupreme Court of Minnesota · 1867
  3. Paine v. SherwoodSupreme Court of Minnesota · 1872

3Cited by6 opinions

  1. Todd v. BettingenSupreme Court of Minnesota · 1910
  2. Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
  3. Matteson v. United States & Canada Land Co.Supreme Court of Minnesota · 1908
  4. Blunt v. EgelandSupreme Court of Minnesota · 1908
  5. Golden v. GoldenOregon Supreme Court · 1975

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