Thwing v. Hall & Ducey Lumber Co.
Supreme Court of Minnesota
Action for specific performance of a contract to convey pine lands, brought by the vendors in the district court for Hennepin county, and tried by Hicks, J., who refused the relief prayed, and ordered judgment for a cancellation of the contract, as prayed by defendants in tbeir answer, and because of the mistake therein alleged, and found by the court to have existed, and which is stated in the opinion. Plaintiffs appeal from the judgment.
1Opinion of the CourtCollins, J.
This action was brought to recover the purchase price of a quantity of pine land, which defendant corporation had contracted to buy of the plaintiffs, and which the latter had agreed to sell for a stipulated sum of money. The defendant admitted the execution of the contract, and its refusal to comply with its terms, but presented an equitable defence, praying for a decree of the court, cancelling and annulling the contract, and releasing the defendant from all liability thereon. On its findings of fact, the correctness of which is attacked but in one particular, the court ordered judgment for…
2Cases cited2 opinions
- Thompson v. MyrickSupreme Court of Minnesota · 1877
- Buckley v. PattersonSupreme Court of Minnesota · 1888
3Cited by12 opinions
- Werner v. RawsonSupreme Court of Georgia · 1892
- Gartner v. EikillSupreme Court of Minnesota · 1982
- Olson v. ShephardSupreme Court of Minnesota · 1926
- Erickson v. SUNSET MEMORIAL PARK ASSN., INC.Supreme Court of Minnesota · 1961
- Gethsemane Lutheran Church v. ZachoSupreme Court of Minnesota · 1960
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