Bunkers v. Peters
Supreme Court of Minnesota
Action in the district court for Murray county to recover $1,116, because of false representations that the land conveyed to plaintiff contained 160 acres when in fact it contained only 145 acres. The facts are stated in the opinion.
Read the full summary
Action in the district court for Murray county to recover $1,116, because of false representations that the land conveyed to plaintiff contained 160 acres when in fact it contained only 145 acres. The facts are stated in the opinion. The case was tried before Quinn, J., acting as judge of the Thirteenth judicial district, who at the close of the case denied plaintiff’s motion to direct a verdict in favor of plaintiff for the amount demanded, and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new…
1Opinion of the CourtHallam, J.
Defendant owned a quarter section of land in Olay county, Iowa. Plaintiff owned 400 acres in Murray county, Minnesota. On June 19, 1906, they made a contract for ah exchange. This contract was consummated in December, 1906, by 'delivery of deeds. The deed to the Iowa land from defendant to plaintiff recited a consideration of $12,000, described the land by government subdivisions, and as “containing one hundred sixty acres, more or less, according to government survey.” The land in fact contained only 145.12 acres. It is not claimed that the mere fact that this government subdivision was…
2Cases cited4 opinions
- Bullitt v. FarrarSupreme Court of Minnesota · 1889
- Slocum v. BracySupreme Court of Minnesota · 1893
- Whitney v. SmithSupreme Court of Minnesota · 1885
- Thwing v. DavisonSupreme Court of Minnesota · 1885
3Cited by3 opinions
- State v. SchomakerSupreme Court of Minnesota · 1921
- Croft v. ThurstonMontana Supreme Court · 1929
- Ristvedt v. WattersSupreme Court of Minnesota · 1920