Legal Opinion

Minor v. Willoughby & Powers

Supreme Court of Minnesota

Decided July 15, 1859PublishedCited by 20 opinions

This was an appeal from tbe judgment and decree of tbe District Court of Ramsey County. Tbe opinion of tbe Court recites the facts involved in tbe points decided. Tbe following are tbe points and authorities relied upon by tbe Counsel for tbe Appellant: First. — Richard Chute was not tbe Attorney in fact authorized or empowered as such to bargain, contract, sell or convey tbe lot in question, or any other real estate for or in tbe name of 'William Gr.

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This was an appeal from tbe judgment and decree of tbe District Court of Ramsey County. Tbe opinion of tbe Court recites the facts involved in tbe points decided. Tbe following are tbe points and authorities relied upon by tbe Counsel for tbe Appellant: First. — Richard Chute was not tbe Attorney in fact authorized or empowered as such to bargain, contract, sell or convey tbe lot in question, or any other real estate for or in tbe name of 'William Gr. Ewing tbe owner, or for tbe firm of W. Gr. & G. W. Ewing; and did not have or possess any legal right, power or authority to bargain or sell…

1Opinion of the Court

By the Court

— Atwater, J.

In March, 1850, one David *232Olmsted executed and delivered to the Respondents a bond for a deed of the lot in question, signed by himself as one of the obligors and by "William G. Ewing by said Olmsted as his attorney in fact, as the other obligor. The bond was conditioned for the execution of a deed to the Respondents by the said Ewing, (who held the legal title to the lot,) upon the payment by the Respondents to said Ewing of the sum of three hundred dollars, on or before the 1st day of September, 1850, that being the price agreed upon for the lot. The complaint…

2Cases cited2 opinions

  1. Grimstone v. CarterNew York Court of Chancery · 1831
  2. Cairnes v. BleeckerNew York Supreme Court · 1815

3Cited by20 opinions

  1. Sillyman v. KingSupreme Court of Iowa · 1873
  2. McFadyen and Brown v. MastersSupreme Court of Oklahoma · 1901
  3. Morrison v. MarchSupreme Court of Minnesota · 1860
  4. Lund v. LarsenSupreme Court of Minnesota · 1946
  5. Johnson v. . LassiterSupreme Court of North Carolina · 1911

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