Nelson v. Golden
Supreme Court of Oklahoma
Error from District Court, Muskogee County; Chas. G. Watts, Judge. Action by W. O. Nelson and another against Julius Golden to rescind contract for sale of real estate. Judgment for defendant, and plaintiffs bring error. Statement of the Case. Mrs. Ella Nelson was the owner of 96.35 acres of land situated in Muskogee county, approximately 53 acres situated in section 18, and approximately 37 acres situated across the road in section 19, all in township 15, range 19 east.
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Error from District Court, Muskogee County; Chas. G. Watts, Judge. Action by W. O. Nelson and another against Julius Golden to rescind contract for sale of real estate. Judgment for defendant, and plaintiffs bring error. Statement of the Case. Mrs. Ella Nelson was the owner of 96.35 acres of land situated in Muskogee county, approximately 53 acres situated in section 18, and approximately 37 acres situated across the road in section 19, all in township 15, range 19 east. On the 8th day of January, 1916, .she agreed to sell the same to Julius Golden for $75 per acre. In carrying out the terms…
1Opinion of the CourtMcNETLL, J.
Plaintiff brings this action to cancel and set aside the written contract and to quiet title in her as to the 37.55 acres of land, alleging that a portion of the consideration had failed and defendant had made default and that plaintiff had elected to rescind a contract, and 'asked that the contract be canceled from record and declared null and void.
The defendant answered, setting up that the written contract was only a part and .parcel of tihe original transaction, and that ho had paid approximately $1,400 on the purchase price of the land in question, and there was still due $776,25, and…
2Cases cited2 opinions
- Moore v. KellySupreme Court of Oklahoma · 1916
- Town of Rush Springs v. BentleySupreme Court of Oklahoma · 1919
3Cited by17 opinions
- Simmons v. HarrisSupreme Court of Oklahoma · 1924
- Newbern v. FarrisSupreme Court of Oklahoma · 1931
- Bradley & Metcalf Co. v. McLaughlinSupreme Court of Oklahoma · 1922
- Republic Nat. Bank of St. Louis v. First State Bank of OiltonSupreme Court of Oklahoma · 1925
- Smith v. FelkelSupreme Court of Oklahoma · 1923
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