Burns v. Fidelity Real-Estate Co.
Supreme Court of Minnesota
Appeal by defendant, Fidelity Real Estate Company, a corporation, from an order of the District Court of Hennepin County, Canty, J., made June 14, 1892, denying its motion for a new trial. Frank X. Ferodowill, on April 12, 1890, made a contract in writing under seal with defendant to sell and deliver to it at the corner of Thirteenth street and First Avenue South in Minneapolis, 400,000 cream-colored brick for $7 per thousand.
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Appeal by defendant, Fidelity Real Estate Company, a corporation, from an order of the District Court of Hennepin County, Canty, J., made June 14, 1892, denying its motion for a new trial. Frank X. Ferodowill, on April 12, 1890, made a contract in writing under seal with defendant to sell and deliver to it at the corner of Thirteenth street and First Avenue South in Minneapolis, 400,000 cream-colored brick for $7 per thousand. Of this $1,100 was to be ca,sh; for the balance lie was to receive conveyances of two lots, one at $700, the other at $1,000. When Ferodowill had delivered 293,-000…
1Opinion of the CourtMitchell, J.
The facts found by the court are that in April, 1890, Ferodowell, plaintiff’s assignor, and the defendant entered into a contract in writing under seal by the terms of which the former was to sell and deliver to the latter 400,000 brick, for which the latter agreed to pay $7 per 1,000, or $2,800, payable, $1,100 in cash, and $1,700 by conveyances of two lots, one at an agreed valuation of $1,000, and the other of $700; that, pursuant to this contradt, Ferodowell had delivered 293,000 of the brick, and defendant had paid him $805.71, when on July 1st defendant refused to receive anymore of the…
2Cases cited2 opinions
- Brown v. SanbornSupreme Court of Minnesota · 1875
- Heisley v. SwanstromSupreme Court of Minnesota · 1889
3Cited by6 opinions
- Petro-Lewis Corp. v. District Court, Fourth Judicial District, El Paso CountySupreme Court of Colorado · 1986
- Blake v. J. Neils Lumber Co.Supreme Court of Minnesota · 1910
- Welsh v. Estate of WelshSupreme Court of Minnesota · 1921
- Consumers Grain Co. v. Wm. Lindeke Roller MillsSupreme Court of Minnesota · 1922
- Hoppman v. PershaSupreme Court of Minnesota · 1933
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