Quimby v. Shearer
Supreme Court of Minnesota
Appeal by defendants, John H. Shearer and Alvena E. Shearer his wife, from an order of the District Court of St. Louis County, J. D. Ensign, J., made September 16, 1893, denying their motion for a new trial.
Read the full summary
Appeal by defendants, John H. Shearer and Alvena E. Shearer his wife, from an order of the District Court of St. Louis County, J. D. Ensign, J., made September 16, 1893, denying their motion for a new trial. On June 3, 1892, the plaintiffs, Frederick H. Quimby and Francis Omeis, entered into a contract with defendants to purchase of them the undivided half of the south half of lot sixteen (16) in Transfer Division of Duluth, and were to receive a deed therefor on January 1, 1893; meantime the deed was to be executed by defendants and held in escrow by L. M. Willcutts of Duluth to be delivered…
1Opinion of the CourtGilfillan, C. J.
Action to cancel a contract by which defendants agreed to convey to plaintiffs certain real estate, being the undivided half of the south half of a lot in Duluth. The only ground on which cancellation is sought is that defendants had failed and refused to perform; and the only question on the appeal is whether the facts found show such failure.
The particulars in which failure is claimed are: First, in failing to pay off and procure discharged a certain mortgage resting on the property; and, Second, in failing to execute or tender such a deed as plaintiffs were, under the contract, entitled…
2Cited by12 opinions
- Greer v. KooikerSupreme Court of Minnesota · 1977
- Cement, Sand & Gravel Co. v. Agricultural InsuranceSupreme Court of Minnesota · 1947
- Fritz v. FritzSupreme Court of Minnesota · 1905
- Shaughnessy v. New York Life InsuranceSupreme Court of Minnesota · 1925
- Central Metropolitan Bank v. Chippewa County State BankSupreme Court of Minnesota · 1924
7 more not listed; retrieve them via the Exa API.