Finnes v. Selover, Bates & Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $4,377.60 damages for failure to perform the conditions of two certain contracts. From an order, John Day Smith, J., overruling defendants’ demurrer to the complaint, defendant Selover, Bates & Company appealed.
1Opinion of the CourtLewis, J.
Demurrer to the complaint in an action brought to recover damages for failure on the part of appellant, as the seller, to carry out the provisions of two certain contracts for the sale of real estate. The contract which is the basis of the first cause of action provided that the purchaser should pay for the real estate in annual instalments, and contained a provision that the contract should become null and void upon failure of the purchaser to make the payments as in the contract provided; time being of the essence of the contract. The other contract, the subject of the second cause of…
2Cases cited1 opinion
- Joslyn v. SchwendSupreme Court of Minnesota · 1901
3Cited by13 opinions
- Romain v. Pebble Creek PartnersSupreme Court of Minnesota · 1981
- State Bank of Milan v. SylteSupreme Court of Minnesota · 1925
- Mathwig v. StrandSupreme Court of Minnesota · 1916
- Wilson v. KrygerNorth Dakota Supreme Court · 1914
- Hotel Woodward Co. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1919
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