Bauer v. O'Brien Land Co.
Supreme Court of Minnesota
Action in the district court for Traverse county for rescission of a contract to trade farms and for reconveyance of land in Traverse county, or for $52,274. One defense was that the court was without jurisdiction of the subject matter of the action or to grant equitable relief therein, for the reason that the plaintiff had a full, complete and adequate remedy at law.
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Action in the district court for Traverse county for rescission of a contract to trade farms and for reconveyance of land in Traverse county, or for $52,274. One defense was that the court was without jurisdiction of the subject matter of the action or to grant equitable relief therein, for the reason that the plaintiff had a full, complete and adequate remedy at law. The ease was tried before Flaherty, J., who made findings and ordered judgment in favor of plaintiff as stated in the third paragraph of the opinion. Defendant’s motion for a new trial was denied. From the judgment and from an…
1Opinion of the CourtHolt, J.
Action, for rescission >and restitution based on defendant’s fraud inducing plaintiff to trade farms.
Plaintiff owned a 480-acre farm near Graceville, this state, and defendant a 320-acre farm near Pawnee, Nebraska, when negotiations for a trade were opened between them in the fall of 1916. In March, 1917, a contract for exchange was executed, and 'shortly thereafter deeds were passed. In July, 1917, plaintiff discovered that representations made by defendant as to the Nebraska farm were false. His attempt to rescind having failed, this action was instituted.
The complaint avers…
2Cases cited14 opinions
- I. L. Corse & Co. v. Minnesota Grain Co.Supreme Court of Minnesota · 1905
- Bank of Antigo v. Union Trust Co.Illinois Supreme Court · 1894
- Clark v. WellsSupreme Court of Minnesota · 1914
- Edward Thompson Co. v. SchroederSupreme Court of Minnesota · 1915
- Crooks v. NippoltSupreme Court of Minnesota · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Proper v. ProperSupreme Court of Minnesota · 1931
- Proulx v. Hirsch Bros. Inc.Supreme Court of Minnesota · 1968
- First Trust Co. v. Union Depot Place Ltd. PartnershipCourt of Appeals of Minnesota · 1991
- Stanton v. Morris Construction Co.Supreme Court of Minnesota · 1924
- State Bank of Round Lake v. RileySupreme Court of Minnesota · 1929