Comer v. Baldwin
Supreme Court of Minnesota
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
- Fonda v. SageNew York Supreme Court · 1866
3Cited by12 opinions
- Halsell v. Renfrow and EdwardsSupreme Court of Oklahoma · 1904
- Halsell v. RenfrowSupreme Court of Oklahoma · 1904
- Whitaker & Fowle v. LaneSupreme Court of Virginia · 1920
- Wier v. BatdorfNebraska Supreme Court · 1888
- Wilson v. WintersTennessee Supreme Court · 1902
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