Dana v. Turlay
Supreme Court of Minnesota
Action by purchaser against vendor for specific performance, brought in the district court for Ramsey county, and tried by Brill, J., who ordered judgment for plaintiffs. The defendant appeals from an order refusing a new trial.
1Opinion of the CourtVanderburgh, J.
Action for specific performance of an agreement for the sale of land, made with defendant through one Lynch, his agent.
1. I't was proper to prove the nature and extent of Lynch’s authority in the premises. The agency is denied in the answer, and it was necessary for plaintiffs to show the relations of the parties, and produce evidence of his authority, and it would be for the court to determine its sufficiency. The defendant claims that the contract, as made, departed in certain essential particulars from the terms of sale as authorized by him. . On the other hand, the plaintiffs contend that…
2Cited by4 opinions
- Speer v. CraigSupreme Court of Colorado · 1891
- Detroit Fidelity & Surety Co. v. GilliamCourt of Appeals of Kentucky (pre-1976) · 1931
- Hunter v. CobeSupreme Court of Minnesota · 1901
- Hays v. MarbleCourt of Appeals of Texas · 1948