Wood v. Rusher
Supreme Court of Minnesota
This action having been brought on for trial in the district court for Hennepin county, before Lochren, J., a motion by defendant for judgment in his favor on the pleadings was granted. Plaintiff appeals from the judgment.
1Opinion of the Court
G-ileillan, O. J.
According to the admissions in the pleadings, the defendant executed to plaintiff a contract, duly recorded, to convey certain real estate; and the plaintiff having performed or offered to perform on his part, and demanded performance by defendant, she refused to perform. After such breach the plaintiff and wife executed to defendant a quitclaim deed of the real estate in the usual form, but containing this clause: “This quitclaim deed is given to clear a certain contract of record, dated January 22, 1887, filed Jan. 31, 1887, at 1 o’clock p. m., in Book H of Bonds, etc., on…
2Cited by2 opinions
- Preheim v. OrtmanSouth Dakota Supreme Court · 1983
- Morrell Employees Federal Credit Union v. MehlhaffSouth Dakota Supreme Court · 1985