Deakin v. Underwood
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Ramsey county, for specific performance of an agreement of which the following is a copy, viz.: “Real Estate Conteaot of Sale.
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Plaintiff brought this action in the district court for Ramsey county, for specific performance of an agreement of which the following is a copy, viz.: “Real Estate Conteaot of Sale. “$75.00. St. Paul, Minn., May 23d, 1885. “Received of Hannah A. Deakin, seventy-five dollars, as earnest-money and in part-payment for the purchase of the following herein described premises, lying and being in the county of Ramsey, state of Minnesota, to wit: The east one-half of lot 13 of Reserved Park i Garden Lots, according to the recorded plat thereof on file in the office of the Register of Deeds in and…
1Opinion of the Court
Mitchell, J.1
This was an action to compel specific performance-of a contract for the sale of real estate. Plaintiff alleges that the defendant made the contract “by A. B. Wilgus, his duly-authorized agent and attorney in fact.” The contract is attached as an exhibit to the complaint, and is signed: “O. W. Underwood, By A. B. Wil-gus, Agent.”
It appears from the evidence that the authority to sell was given to the firm of A. B. Wilgus & Bro., a partnership composed of A. B. Wilgus and E. P. Wilgus. It is claimed that, upon this state of facts, there was a failure of proof. But the material…
2Cases cited8 opinions
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Hawley v. . KeelerNew York Court of Appeals · 1873
- Jackson v. BadgerSupreme Court of Minnesota · 1886
- First National Bank v. LoyhedSupreme Court of Minnesota · 1881
- State ex rel. Western Land Ass'n v. SmithSupreme Court of Minnesota · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Frost v. Erath Cattle Co.Texas Supreme Court · 1891
- Nance v. GraySupreme Court of Alabama · 1904
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
- Egner v. States Realty Co.Supreme Court of Minnesota · 1947
- Albany Land Co. v. RickelIndiana Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.