Scheerschmidt v. Smith
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $2,604 damages for breach of contract. The case was tried before Severance, J., and a jury, which rendered a verdict in favor of defendant in the sum of $1,500. From an order denying a motion for a new trial defendant appealed.
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Action in the district court for Blue Earth county to recover $2,604 damages for breach of contract. The case was tried before Severance, J., and a jury, which rendered a verdict in favor of defendant in the sum of $1,500. From an order denying a motion for a new trial defendant appealed. It was error to admit evidence of extension of the time of. payment and waiver of the security, because the evidence tended to vary the terms of a written contract under seal, and one required by the statute of frauds to be in writing. Hewitt v. Brown, 21 Minn. 163; Brown v. Sanborn, 21 Minn. 402; Abell v.…
1Opinion of the CourtMitchell, J.
In February, 1895, the defendant executed to plaintiff a lease and contract of sale of certain lands, under which the plaintiff went into possession. Thereafter defendant, claiming that plaintiff had defaulted in performance of its conditions, canceled the contract, and resumed possession of the land. Plaintiff thereupon brought this action for damages for the breach of the contract by the defendant.
The terms of the contract of lease and sale were that in consideration of $250, to be paid annually in advance on March 1 of each year, the defendant leased the land to the plaintiff for the term…
2Cases cited2 opinions
- Fleckten v. SpicerSupreme Court of Minnesota · 1896
- Abrahamson v. LambersonSupreme Court of Minnesota · 1897
3Cited by24 opinions
- Greer v. KooikerSupreme Court of Minnesota · 1977
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Vander Heide v. Boke Ranch, Inc.South Dakota Supreme Court · 2007
- Reinkey v. Findley Electric Co.Supreme Court of Minnesota · 1920
- Scott v. HubbardOregon Supreme Court · 1913
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