Ross v. Carroll
Supreme Court of Minnesota
Action in the district court 'for Martin county for specific performance of a land contract. The case was tried before Meighen, J., who when defendant rested and when plaintiff rested denied plaintiff’s motion for a directed verdict. By agreement of the parties and direction of the court the issue of fraud was submitted to a jury, which rendered a verdict upon that issue in favor of plaintiff. The court subsequently made findings in favor off plaintiff.
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Action in the district court 'for Martin county for specific performance of a land contract. The case was tried before Meighen, J., who when defendant rested and when plaintiff rested denied plaintiff’s motion for a directed verdict. By agreement of the parties and direction of the court the issue of fraud was submitted to a jury, which rendered a verdict upon that issue in favor of plaintiff. The court subsequently made findings in favor off plaintiff. Defendant’s motion for amended findings was denied. From an order denying her motion for a new trial, defendant appealed.
1Opinion of the Court
Taylor, C.
This is an action to enforce specific performance of an executory contract by which plaintiff agreed to sell and convey and defendant agreed to buy a farm of 160 acres in Martin county for the sum of $38,400, being $240 per acre. The contract bears date July 21, 1920, and a copy of it is attached to and made a part of the complaint. By its terms defendant agreed to pay the sum of $1,500 at the execution of the contract, the sum of $8,500 on March 1, 1921, and further agreed to assume two mortgages and a ditch lien then against the land and to secure the balance off the purchase…
2Cases cited5 opinions
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Bredesen v. NickolaySupreme Court of Minnesota · 1920
- Knudson v. TrebeschSupreme Court of Minnesota · 1922
- Judd v. SkidmoreSupreme Court of Minnesota · 1885
- Brendemuhl v. SchwagerSupreme Court of Minnesota · 1923
3Cited by12 opinions
- Shell Oil Co. v. KaplerSupreme Court of Minnesota · 1951
- Johnson v. FrebergSupreme Court of Minnesota · 1929
- Bennett v. CopelandTexas Supreme Court · 1951
- Moore v. KirganCourt of Appeals of Texas · 1952
- Fred O. Watson Co. v. United States Life Insurance Co. of New YorkSupreme Court of Minnesota · 1977
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