Johnson v. Holmes
Supreme Court of Minnesota
Action in the district court for Sherburne county to reform an execu-toxy contract of sale and to recover $1,500. The facts are stated in the opinion. The case was tried before Giddings, J., and a jury which returned answers to 21 questions submitted to it.
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Action in the district court for Sherburne county to reform an execu-toxy contract of sale and to recover $1,500. The facts are stated in the opinion. The case was tried before Giddings, J., and a jury which returned answers to 21 questions submitted to it. The court made findings and ordered judgment that the contract be rescinded, that defendant recover $500 paid by him and $500 for permanent improvements made by him, and that upon the payment of these sums of money and the surrender of the $1,500 note, defendant surrender possession of the premises to plaintiff. From an order denying his…
1Opinion of the CourtHolt, J.
Action by the vendor to reform an executory contract for the conveyance of 80 acres of land in Sherburne county and to enforce specific performance thereof as reformed. The vendee counterclaimed for a rescission because of plaintiff’s fraud, and, as incidental to a rescission, asked for a restoration of what he had parted with and for a recovery of the damages sustained. Defendant prevailed, and plaintiff appeals.
The action was one triable to the court, but most of the issues of fact were of a nature warranting their submission to a jury. Neither party sought to have issues framed and settled…
2Cases cited3 opinions
- Hulett v. CareySupreme Court of Minnesota · 1896
- Russell v. ReedSupreme Court of Minnesota · 1884
- Nesland v. EddySupreme Court of Minnesota · 1915
3Cited by3 opinions
- Hatcher v. Union Trust Co. of MarylandSupreme Court of Minnesota · 1928
- Henslin v. WingenSupreme Court of Minnesota · 1938
- Central State Bank v. Royal Indemnity Co.Supreme Court of Minnesota · 1926