Schmidt v. Scandinavian Canadian Land Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to obtain a warranty deed of the land conveyed by plaintiff to defendant, to recover $1,239.80 and to cancel a land contract between the parties.
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Action in the district court for Hennepin county to obtain a warranty deed of the land conveyed by plaintiff to defendant, to recover $1,239.80 and to cancel a land contract between the parties. The case was tried before Waite, J., and a jury which answered in the affirmative the special interrogatory whether the original of Exhibit E was mailed to and received by defendant, and answered in the negative the one whether after the receipt of that exhibit an attempted rescission of the contract was waived by plaintiff. The court made findings and ordered judgment forbidding defendant to declare…
1Opinion of the Court
Taylor, C.
Plaintiff brought this action to recover back the payments, in property and money, which he had made upon an executory contract for the purchase of a section of land in Canada.' He alleged as the ground therefor that defendant had failed to convey the land to him as required by the contract, and that he had rescinded the contract fo.r that reason. The trial court found in effect that defendant had failed to deliver a conveyance of the land as required by the contract, but held that plaintiff had waived the right to rescind by his delay and could not terminate the contract without…
2Cases cited12 opinions
- Colpe v. LindblomWashington Supreme Court · 1910
- Owen v. Pomona Land and Water Co.California Supreme Court · 1901
- Blunt v. EgelandSupreme Court of Minnesota · 1908
- Harding v. OlsonIllinois Supreme Court · 1898
- McNamara v. PengillySupreme Court of Minnesota · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lynch v. HigginsSupreme Court of Minnesota · 1923
- Lutz v. FultsSupreme Court of Minnesota · 1923
- Trainer v. LammersSupreme Court of Minnesota · 1925