Legal Opinion

Comer v. Baldwin

Supreme Court of Minnesota

Decided July 15, 1870PublishedCited by 12 opinions

This action was brought in the district court for Dakota county, and referred to George L. Otis, Esq., as sole referee; and tried before him. The facts as disclosed on the trial, were substantially as follows: The parties made a verbal agreement or an arrangement for the sale of certain real estate at a stipulated price, of which $1,000 was to be paid in cash at the time of the delivery of the deed, and the balance in one and two years, secured by a mortgage on the land.

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This action was brought in the district court for Dakota county, and referred to George L. Otis, Esq., as sole referee; and tried before him. The facts as disclosed on the trial, were substantially as follows: The parties made a verbal agreement or an arrangement for the sale of certain real estate at a stipulated price, of which $1,000 was to be paid in cash at the time of the delivery of the deed, and the balance in one and two years, secured by a mortgage on the land. They went to an attorney and stated to him the terms of the agreement, and he drew a deed which was duly executed by…

1Opinion of the Court

By the Court

McMillan, J.

This action was tried by a referee. Upon the trial, and after the plaintiff had introduced all his testimony and rested his case, the defendant by his attorney moved to dismiss the action upon the grounds:

1. That the complaint does not state facts sufficient to constitute a cause of action.

2d. That the plaintiff upon his testimony is not entitled to judgment, and the defendant upon such testimony is entitled to a judgment of dismissal.

The motion was granted and judgment of dismissal ordered by the referee in his report. The plaintiff after making and settling a case,…

2Cases cited1 opinion

  1. Fonda v. SageNew York Supreme Court · 1866

3Cited by12 opinions

  1. Halsell v. Renfrow and EdwardsSupreme Court of Oklahoma · 1904
  2. Halsell v. RenfrowSupreme Court of Oklahoma · 1904
  3. Whitaker & Fowle v. LaneSupreme Court of Virginia · 1920
  4. Wier v. BatdorfNebraska Supreme Court · 1888
  5. Wilson v. WintersTennessee Supreme Court · 1902

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