Geray v. Mahnomen Land Co.
Supreme Court of Minnesota
Action in the district court for Mahnomen county to recover $2,000 paid on the purchase price of certain land to which defendant could not convey a marketable title. The case was tried before Grindeland, J., who when plaintiff rested denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the CourtQuinn, J.
On June 23, 1916, the parties to the action entered into an executory contract for the sale and purchase of certain lands situated in Mahnomen county, whereby defendant sold and upon the payment of the purchase price agreed to convey the same to plaintiff by a “deed of general warranty,”’ subject to a mortgage of $12,000. The contract was in the common form and contained the stipulations and agreements usually found in such instruments. The purchase price was fixed at the sum of $24,900, of which $2,000 was paid at the date of the transaction; the balance, less the mortgage debt, being…
2Cases cited10 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- United States v. WallerSupreme Court of the United States · 1917
- United States v. First Nat. Bank of DetroitSupreme Court of the United States · 1914
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Justice v. ButtonNebraska Supreme Court · 1911
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3Cited by4 opinions
- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Crolius v. LorgeWisconsin Supreme Court · 1927
- Smith v. KurtzenackerSupreme Court of Minnesota · 1920
- Stacey v. TaylorSupreme Court of Minnesota · 1936