Nelson v. Berkner
Supreme Court of Minnesota
Action in the district court for Brown county to recover $4,153.50 paid on a contract for the purchase of a farm. The answer alleged that prior to making the agreement plaintiff had full opportunity to examine the farm and the soil and did so on several occasions, and made his agreement with full knowledge of all facts pertaining thereto, and went into possession and farmed the land during the year 1916 and derived the benefit therefrom in crops and produce to the value of…
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Action in the district court for Brown county to recover $4,153.50 paid on a contract for the purchase of a farm. The answer alleged that prior to making the agreement plaintiff had full opportunity to examine the farm and the soil and did so on several occasions, and made his agreement with full knowledge of all facts pertaining thereto, and went into possession and farmed the land during the year 1916 and derived the benefit therefrom in crops and produce to the value of at least $2,000; that defendant made no misrepresentations of any kind in the sale of the farm. The reply alleged the…
1Opinion of the CourtHolt, J.
Plaintiff, claiming to have rescinded the contract for the purchase of a farm from defendant because of the latter’s fraud, brought this action to recover the part of the purchase price paid. The verdict was for plaintiff. Defendant appeals from the order denying his motion in the alternative for judgment notwithstanding the verdict or a new trial.
Plaintiff, a farmer tenant from Iowa, was induced by defendant’s agent to come to Brown county, Minnesota, in the fall of 1915, to look at farms in the vicinity of Sleepy Eye with a view to purchasing. He was shown defendant’s farm of 197 ácres,…
2Cases cited16 opinions
- Braddy v. . ElliottSupreme Court of North Carolina · 1908
- Newman v. SmithCalifornia Supreme Court · 1888
- Rheingans v. SmithCalifornia Supreme Court · 1911
- Stearns v. KennedySupreme Court of Minnesota · 1905
- Edward Thompson Co. v. SchroederSupreme Court of Minnesota · 1915
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State Ex Rel. Humphrey v. Alpine Air Products, Inc.Supreme Court of Minnesota · 1993
- Weise v. Red Owl Stores, Inc.Supreme Court of Minnesota · 1970
- Stansberry v. Monitor Stove Co.Supreme Court of Minnesota · 1921
- Dahmes v. Industrial Credit Co.Supreme Court of Minnesota · 1961
- Ganley Brothers, Inc. v. Butler Brothers Bldg. Co.Supreme Court of Minnesota · 1927
22 more not listed; retrieve them via the Exa API.