Williams v. Gilbert
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $500, the amount of earnest money paid upon the land contract set out in the opinion. The facts are stated in the opinion.
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Action in the district court for Hennepin county to recover $500, the amount of earnest money paid upon the land contract set out in the opinion. The facts are stated in the opinion. The answer denied that defendant represented to plaintiff that he was the owner of the land, that he executed the written agreement which is set out in the opinion, that plaintiff paid out the sum of $500 pursuant to the terms thereof, and denied the allegation in the complaint that defendant never has had any greater or different title in the land than by virtue of the contract to explore and purchase the same,…
1Opinion of the CourtBunn, J.
This is an action to recover the sum of $500 paid by plaintiff to defendant as earnest money upon a land contract; the claim of plaintiff being that defendant failed to perform and that plaintiff thereupon rescinded the contract. The case was tried by the court without a jury, and a decision for plaintiff rendered. Defendant appeals from an order refusing a new trial.
The right of plaintiff to recover largely depends upon the construction and legal effect of the contract, which was as follows:
HANDS IN SMALL OR LARGE TRACTS IN MILLE LACS, MORRISON, AITKIN, CROW WING, PINE, AND ST. LOUIS…
2Cases cited6 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Eddy v. . DavisNew York Court of Appeals · 1889
- George v. ConhaimSupreme Court of Minnesota · 1888
- Goss v. BroomSupreme Court of Minnesota · 1884
- Gregory v. ChristianSupreme Court of Minnesota · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gassert v. AndersonSupreme Court of Minnesota · 1937
- Johnson v. HerbstSupreme Court of Minnesota · 1918
- Brown v. California & Western Land Co.Supreme Court of Minnesota · 1920
- Lynch v. HigginsSupreme Court of Minnesota · 1923
- McChesney v. OppekSupreme Court of Minnesota · 1923
3 more not listed; retrieve them via the Exa API.