Johnson v. Fuller
Supreme Court of Minnesota
Appeal by defendant, Henry H. Fuller, from an order of the District Court of Washington County, W. C. Williston, J., made January 12,1893, overruling his demurrer to the complaint. On November 30,1888, Ida M. Essery made a contract with Henry H. Fuller to sell to him for $600 the north half of lot one (1) in block twelve (12) of the Town of Wilson in Section twenty T. 30 E. 21 in Washington County. He paid $30 and was to pay the balance on delivery of a warranty deed.
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Appeal by defendant, Henry H. Fuller, from an order of the District Court of Washington County, W. C. Williston, J., made January 12,1893, overruling his demurrer to the complaint. On November 30,1888, Ida M. Essery made a contract with Henry H. Fuller to sell to him for $600 the north half of lot one (1) in block twelve (12) of the Town of Wilson in Section twenty T. 30 E. 21 in Washington County. He paid $30 and was to pay the balance on delivery of a warranty deed. He was to have a reasonable time, not exceeding thirty days, for examination of the title. If it should be found unmarketable…
1Opinion of the CourtGilpillan, C. J.
Action to clear a cloud on title to real estate cast-by a recorded contract to convey. The price was $600; $30 paid at the execution of the contract, the remainder to be paid on the delivery of the deed. There were these clauses in the contract: “A reasonable time, not exceeding thirty days, is to be allowed for examination of title; and the form of conveyance is to be warranty deed. In case the title shall be ascertained to be unmarketable to such an extent as to warrant the purchaser in refusing the same, and he shall so refuse the same upon that ground, the vendor shall not be liable to…
2Cases cited1 opinion
- Jarmy v. Duluth Street Railway Co.Supreme Court of Minnesota · 1893
3Cited by9 opinions
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- Kinney v. SchlusselOregon Supreme Court · 1925
- Union Central Life Ins. Co. v. PageSupreme Court of Minnesota · 1933
- Weir Investment Co. v. ScattergoodSupreme Court of Colorado · 1908
- Jarmy v. Duluth Street Railway Co.Supreme Court of Minnesota · 1893
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