McNamara v. Pengilly
Supreme Court of Minnesota
Appeal by defendant, John Pengilly, from an order of the District Court of St. Louis County, G. L.-Brown, J., made June 12, 1893, denying his motion for a new trial. The defendant and two associates contemplated laying out and platting a townsite on the southeast quarter of the southwest quarter of section ten (10), T. 02, R. 14, in St. Louis County midway between Tower and Ely.
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Appeal by defendant, John Pengilly, from an order of the District Court of St. Louis County, G. L.-Brown, J., made June 12, 1893, denying his motion for a new trial. The defendant and two associates contemplated laying out and platting a townsite on the southeast quarter of the southwest quarter of section ten (10), T. 02, R. 14, in St. Louis County midway between Tower and Ely. The plaintiff, Charles McNamara, agreed with defendant to purchase an eighth interest in this forty acres and on February 20, 1890, sent defendant his check for $1,000, the purchase price, by letter written at Tower…
1Opinion of the CourtCollins, J.
Prior to February 26, 1890, plaintiff and defendant entered into an agreement — verbally, it would seem — whereby the former was to purchase of the latter an eighth interest in a certain forty acres of land. At this time plaintiff knew that the land had not. been patented by the general government, and that it was expected that the patent would soon be issued to one Olson, who was under obligation, as soon as the patent came, to deed to defendant, or, possibly, to some other person from whom he would obtain title.-. On the day last named plaintiff wrote to defendant, inclosing his check for…
2Cases cited4 opinions
- Cummings v. RogersSupreme Court of Minnesota · 1887
- Walters v. MillerSupreme Court of Iowa · 1860
- Kime v. KimeIllinois Supreme Court · 1866
- State ex rel. Mutual Investment Co. v. District CourtSupreme Court of Minnesota · 1894
3Cited by11 opinions
- Martineau v. City of St. PaulCourt of Appeals for the Eighth Circuit · 1949
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- Graceville State Bank v. HofschildSupreme Court of Minnesota · 1926
- Brown v. California & Western Land Co.Supreme Court of Minnesota · 1920
- McNamara v. PengillySupreme Court of Minnesota · 1896
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