Moulton v. Kolodzik
Supreme Court of Minnesota
Action in the district court for Swift county to recover from.defendant $860 paid by plaintiff upon an executory contract for the sale of land, it being alleged that defendant had failed to tender a marketable title. The case was tried before Qvale, J., who directed a verdict in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the verdict, defendant appealed.
1Opinion of the CourtJaggard, J.
Defendant and appellant, being the owner and in possession of certain lands, on June 12, 1902, entered into an executory contract for its sale to plaintiff and respondent, and agreed, on payment of the price, to convey the lands by warranty deed, “free and clear of all incumbrance.” That contract entitled the vendee to the possession of the premises before the payment of the full purchase price, and made time of its essence. The sum of $80 was to be paid on or before the execution of the contract; $780, on June 22, 1902; and $4,140, on March 1, 1903. The first and second payments were made in…
2Cases cited23 opinions
- Eyster v. GaffSupreme Court of the United States · 1876
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Murray v. LylburnNew York Court of Chancery · 1817
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Aldrich v. . BaileyNew York Court of Appeals · 1892
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3Cited by7 opinions
- Marr v. BradleySupreme Court of Minnesota · 1953
- Chaney v. Minneapolis Community Development AgencyCourt of Appeals of Minnesota · 2002
- Brown v. California & Western Land Co.Supreme Court of Minnesota · 1920
- McKenzie County v. CasadyNorth Dakota Supreme Court · 1927
- May v. AckermanSupreme Court of Minnesota · 1951
2 more not listed; retrieve them via the Exa API.