Miszewski v. Baxter
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $2,600 upon three contracts for the purchase of land. The answer admitted the receipt of $1,200 from plaintiff and the execution of a contract of ■purchase between plaintiff and W. G. Campbell, and specifically denied that any demand was made by plaintiff upon defendant in the 90 days, as provided by the written contract.
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Action in the district court for Hennepin county to recover $2,600 upon three contracts for the purchase of land. The answer admitted the receipt of $1,200 from plaintiff and the execution of a contract of ■purchase between plaintiff and W. G. Campbell, and specifically denied that any demand was made by plaintiff upon defendant in the 90 days, as provided by the written contract. The case was tried before Jelley, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. From an order denying his motion for a new trial and his motion to amend his answer, defendant…
1Opinion of the CourtHolt, J.
One Campbell was engaged in promoting the sale of townsite lots in Mexico, on or near the Gulf of California. Plaintiff, J. E. Bastedo, and Eobert Machan were induced to sign contracts for the purchase of lots-in the townsite of Athens, Mexico. Plaintiff was to pay $1,200, and the other two $700 each. Bastedo took the contract in the name of his brother and Machan in the name of his wife. Campbell signed as vendor. Each contract contained this provision: “Now then, this agreement witnesseth: That the said seller will at any time, within ninety (90) days from date, refund to the said buyer,…
2Cases cited5 opinions
- Nelson v. CarlsonSupreme Court of Minnesota · 1893
- Wunder v. TurnerSupreme Court of Minnesota · 1912
- George A. Hormel & Co. v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1915
- Gates v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1915
- Gragg v. EmpeySupreme Court of Minnesota · 1908
3Cited by1 opinion
- Pettersen v. FosseenSupreme Court of Minnesota · 1935