Legal Opinion

McManus v. Blackmarr

Supreme Court of Minnesota

Decided November 13, 1891PublishedCited by 10 opinions

Appeal by defendant from an order of the district court for St. Louis county, Stearns, J., presiding, overruling his demurrer to the complaint in an action to recover $2,100, paid by plaintiffs to defendant on a contract to purchase 888 lots at Fond du Lac, in this state.

1Opinion of the CourtCollins, J.

Appeal from an order overruling a general demurrer to the complaint, in which were set out in hcee verba two written agreements, executed and delivered by defendant to plaintiffs, one of date August 9, the other dated August 19, 1890. The one first mentioned acknowledged the receipt of the sum of $100 from plaintiffs, and in consideration thereof gave to them the option or privilege of purchasing a large number of lots in a certain town-site within 10 days from date. A portion of the purchase price was to be paid by plaintiffs’ assumption of three specified notes given by defendant to one…

2Cases cited5 opinions

  1. Hathaway v. BrownSupreme Court of Minnesota · 1872
  2. Hedderly v. JohnsonSupreme Court of Minnesota · 1890
  3. Cogan v. CookSupreme Court of Minnesota · 1875
  4. Murphin v. ScovellSupreme Court of Minnesota · 1889
  5. Thompson v. HawleyOregon Supreme Court · 1886

3Cited by10 opinions

  1. Downey v. RiggsSupreme Court of Iowa · 1897
  2. Miller v. SnedekerSupreme Court of Minnesota · 1960
  3. Lawrence Zirinsky v. James L. Sheehan, John D. Sheehan and Brooklyn Center Industrial Park, Inc.Court of Appeals for the Eighth Circuit · 1969
  4. Great United Realty Co. v. LewisCourt of Appeals of Maryland · 2001
  5. Noyes v. BrownSupreme Court of Minnesota · 1919

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