Lathrop v. O'Brien
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Washington county, McCluer, J., presiding, sustaining a demurrer to the complaint. The action was for $520 damages for breach of the contract stated in the opinion.
1Opinion of the CourtDicivinsoN, J.
The complaint states facts constituting a cause of action. The defendant contracted with the plaintiff to give $3,250 for good title to the timber lands described in the written agreement. It appears that the contract was made with knowledge that the title was not in the plaintiff, but that he could procure a conveyance from *16the owner for the price of $3,000; and this is not inconsistent with the written agreement, but, rather, is in harmony with its terms, the plaintiff agreeing “to produce deeds for same from owners.” It further appearing that the plaintiff exhibited 'the title to the…
2Cited by3 opinions
- Giumarra v. Harrington HeightsNew Jersey Superior Court Appellate Division · 1954
- Freeman v. PaulsonSupreme Court of Minnesota · 1909
- Burka v. PatrickCourt of Special Appeals of Maryland · 1976