Kautenberger v. Johnson
Supreme Court of Minnesota
Action in the district court for Cottonwood county to obtain specific performance of defendant’s agreement to exchange land and the execution of a warranty deed to plaintiff of the land belonging to defendant. The case was tried before Nelson, J., who made findings and ordered judgment in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.
1Opinion of the CourtBrown, C. J.
The facts in this case briefly stated are as follows: Plaintiff is a retired farmer and defendant a merchant, both residing at the time of the transaction here in question in the state of Iowa. Plaintiff was the owner of a tract of land in Iowa, consisting of about 122 acres which he valued at $150 per acre. Defendant owned a half section of land in this state which he valued at about $90 per acre. Plaintiff’s iand was clear of encumbrance, while that of defendant was mortgaged for the sum of $6,000. On October 8, 1913, the parties, both being aided by real estate agents, after some…
2Cases cited3 opinions
- McCall v. BushnellSupreme Court of Minnesota · 1889
- Jumiska v. AndrewsSupreme Court of Minnesota · 1902
- Michaud v. EisenmengerSupreme Court of Minnesota · 1891