Klatt v. Dummert
Supreme Court of Minnesota
Action in the district court for Stearns county against defendant Dummert and his wife and Vinet A. Whipple for the reformation of a contract on the ground of mistake. The findings are given in the opinion. From a judgment correcting the contract as to the defendants Dummert and dismissing the action on the merits as to the defendant Whipple, entered pursuant to the findings and order of Searle, J., plaintiff appealed.
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Action in the district court for Stearns county against defendant Dummert and his wife and Vinet A. Whipple for the reformation of a contract on the ground of mistake. The findings are given in the opinion. From a judgment correcting the contract as to the defendants Dummert and dismissing the action on the merits as to the defendant Whipple, entered pursuant to the findings and order of Searle, J., plaintiff appealed. The right which the defendant Whipple obtained under the contract is a chose in action. 1 Parsons, Cont. 223. The assignee of a non -negotiable chose in action takes subject to…
1Opinion of the CourtCanty, J.
On the trial of this action before the court without a jury the court found that on February 10, 1895, plaintiff orally agreed to convey to the defendant Dummert and wife a certain village lot *469subject to a mortgage for four hundred dollars then on the same, which mortgage was held by a third party and was duly recorded; that in consideration thereof Dummert and wife agreed to pay plaintiff $303.40; that by the mutual mistake of the parties in reducing said contract to writing, the written contract signed by them made no mention of said mortgage, but by its terms plaintiff agreed, for the…
2Cases cited2 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- Peabody v. FentonNew York Court of Chancery · 1848
3Cited by4 opinions
- Shraiberg v. HansonSupreme Court of Minnesota · 1917
- Brooks v. American Lumber & Construction Co.Supreme Court of Minnesota · 1925
- Massey v. LindeniSupreme Court of Minnesota · 1906
- Brown v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1899