Murphin v. Scovell
Supreme Court of Minnesota
Action in tbe district court for St. Louis county, to recover $3,500' alleged to have been paid on a contract of purchase of real estate, which the defendant (vendor) had failed to perform.
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Action in tbe district court for St. Louis county, to recover $3,500' alleged to have been paid on a contract of purchase of real estate, which the defendant (vendor) had failed to perform. At the trial, before Stearns, J., it appeared that prior to February 26,1887, one Banning had negotiated a sale of the same real estate to one McNair, at the price of $20,000, under an agreement with defendant for a commission of $500. On February 26, 1887, a contract of sale was made between defendant and McNair, who paid $2,000 of the price, out of which Banning retained his commission, and paid the…
1Opinion of the CourtCollins, J.
This is an action to recover back the sum of $3,500, said to have been paid by plaintiff upon a contract made with defendant for the sale and conveyance of real property. It is somewhat difficult to discover from the pleadings what issue of fact was presented, for it was admitted that defendant contracted to convey by warranty deed, and was unable to do so because of the existence of a mortgage upon the premises, which defendant had not paid, and by its terms could not pay and discharge. Upon the trial the defendant attempted no defence,suggested by his answer, and virtually conceded that…
2Cases cited4 opinions
- Hathaway v. BrownSupreme Court of Minnesota · 1872
- Wallace v. McLaughlinIllinois Supreme Court · 1870
- Donlon v. EvansSupreme Court of Minnesota · 1889
- Marsh v. WyckoffThe Superior Court of New York City · 1863
3Cited by10 opinions
- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Price v. ImmelSupreme Court of Colorado · 1910
- McManus v. BlackmarrSupreme Court of Minnesota · 1891
- Godding v. DeckerColorado Court of Appeals · 1893
- Foster v. WilliamsMissouri Court of Appeals · 1910
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