Legal Opinion

Howe v. Coates

Supreme Court of Minnesota

Decided March 9, 1906No. Nos. 14,614—(122)PublishedCited by 36 opinions

Action in the district court for Stearns county to recover from defendants $50,000 paid by plaintiff upon an executory contract for the sale of land, which contract plaintiff elected to rescind on the ground that defendants had failed to tender a marketable record title. The case was tried before Baxter, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

1Opinion of the CourtElliott, J.

This is an appeal from an order denying the plaintiff’s motion for a new trial. There is little, if any, controversy over the material facts. *386It appears that upon March 12, 1902, the appellant, the plaintiff below, and the respondents, entered into a written contract, whereby, in consideration of the sum of $50,000 in hand paid and in consideration of the covenants and agreements therein contained, the vendors granted, bargained, and sold to the vendee (the appellant herein), his heirs, and assigns the exclusive right, privilege, and option to purchase certain lands in Itasca county,…

2Cases cited62 opinions

  1. Fleming v. . BurnhamNew York Court of Appeals · 1885
  2. Vought v. . WilliamsNew York Court of Appeals · 1890
  3. Moore v. . WilliamsNew York Court of Appeals · 1889
  4. Heller v. . CohenNew York Court of Appeals · 1897
  5. Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875

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3Cited by36 opinions

  1. Ogooshevitz v. ArnoldMichigan Supreme Court · 1917
  2. Campbell v. HarshSupreme Court of Oklahoma · 1912
  3. Miller v. SnedekerSupreme Court of Minnesota · 1960
  4. Bell v. StadlerIdaho Supreme Court · 1918
  5. Larson v. ThomasSouth Dakota Supreme Court · 1927

31 more not listed; retrieve them via the Exa API.

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