Crooks v. Nippolt
Supreme Court of Minnesota
Action brought in the district court for Eamsey county, to recover $2,500, paid by plaintiff on account of purchase-money on a contract for sale of real estate, the ground for recovery being that the defendants’ agent, in making the sale, showed plaintiff as the lot to be sold, a lot belonging to another person, and of much greater value than ■defendants’ lot. The agreement for sale was made July 21, 1887, and October 24th the defendants tendered a conveyance.
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Action brought in the district court for Eamsey county, to recover $2,500, paid by plaintiff on account of purchase-money on a contract for sale of real estate, the ground for recovery being that the defendants’ agent, in making the sale, showed plaintiff as the lot to be sold, a lot belonging to another person, and of much greater value than ■defendants’ lot. The agreement for sale was made July 21, 1887, and October 24th the defendants tendered a conveyance. Plaintiff ¡refused to accept the deed or to further perform on his part, and demanded a return of the money paid. The plaintiff…
1Opinion of the CourtCoulins, J.
From the findings of fact in this case, the correctness of which has not been assailed by the appellant, it appears that, on the 15th day of October, 1887, he had full knowledge of the fraud practised upon him, and had ascertained that the representations made by the respondents as to the location of the tracts of land which he had previously contracted for were false. Possessed of this knowledge he applied to the respondents, and twice obtained from them an extension of time within which to comply with the terms of his contract as to another payment, the acceptance of a deed, and the…
2Cases cited1 opinion
- Kraus v. ThompsonSupreme Court of Minnesota · 1882
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