Abbott v. Moldestad
Supreme Court of Minnesota
Action in the district court for Redwood county by the executors of the estate of Henry G. Abbott, deceased, for the specific performance of an executory contract for the sale of land and to enforce a vendor’s lien. Defendants set up that the contract was rescinded by mutual consent of the parties thereto and prayed for the cancellation of the contract and purchase-money notes given in pursuance thereof. The other material facts are stated in the opinion.
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Action in the district court for Redwood county by the executors of the estate of Henry G. Abbott, deceased, for the specific performance of an executory contract for the sale of land and to enforce a vendor’s lien. Defendants set up that the contract was rescinded by mutual consent of the parties thereto and prayed for the cancellation of the contract and purchase-money notes given in pursuance thereof. The other material facts are stated in the opinion. The cause was tried before Webber, J., who ordered the cancellation both of the contract and of the notes. From a judgment entered in…
1Opinion of the CourtBuck, J.
On September 15, 1891, the plaintiffs’ testator, Henry G. Abbott, as party of the first part, entered into an executory contract with the defendant Ole O. Moldestad, as party of the second part, substantially as follows:(1) Abbott, in consideration of the covenants and agreements of Moldestad, sold and agreed to convey by warranty deed to the latter the N. | of the S. W. -J of section 4 in township 113, of range 36 W., containing 80 acres of land.(2) Moldestad, as consideration for the conveyance of said premises, agreed to pay Abbott the sum of $880, as follows: $80 down; $100 November 1,…
2Cases cited1 opinion
- Thompson v. WinterSupreme Court of Minnesota · 1889
3Cited by23 opinions
- Boulevard Plaza Corp. v. CampbellSupreme Court of Minnesota · 1959
- Freeman v. PaulsonSupreme Court of Minnesota · 1909
- Shraiberg v. HansonSupreme Court of Minnesota · 1917
- Enkema v. McIntyreSupreme Court of Minnesota · 1917
- Hilton v. NelsenSupreme Court of Minnesota · 1979
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