Hubachek v. Estate of Brown
Supreme Court of Minnesota
Frank E. Hubachek, upon the disallowance of bis claim against tbe estate of Henry F. Brown, deceased, by tbe probate court for Hennepin county, appealed to tbe district court for that county and framed a complaint demanding judgment for $27,100. Tbe executors of tbe estate filed an answer alleging that tbe payment of $37,000 by Frank J. Mackey to the testator was made, and tbe deed by tbe testator was delivered, in full compliance with all tbe terms of tbe contract mentioned…
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Frank E. Hubachek, upon the disallowance of bis claim against tbe estate of Henry F. Brown, deceased, by tbe probate court for Hennepin county, appealed to tbe district court for that county and framed a complaint demanding judgment for $27,100. Tbe executors of tbe estate filed an answer alleging that tbe payment of $37,000 by Frank J. Mackey to the testator was made, and tbe deed by tbe testator was delivered, in full compliance with all tbe terms of tbe contract mentioned in the opinion. This allegation was denied by tbe reply. Tbe case was tried before Waite, J., who made findings and…
1Opinion of the CourtBrown, C. J.
Tbe facts in this case are substantially as follows: On September 27, 1909, Henry F. Brown, now deceased, entered into an executory contract for tbe sale of certain real property to Frank J. Mackey for tbe consideration of $40,000, tbe same to be paid at tbe time stated in tbe contract, namely, within 15 days after an abstract was furnished, tbe time to furnish which was fixed at 10 days from the date of tbe contract. Tbe land was situated in tbe suburbs of Minneapolis, and tbe purpose of tbe purchase was to plat tbe same into lots to be sold to third persons. In view of tbe location of tbe…
2Cases cited7 opinions
- Slocum v. BracySupreme Court of Minnesota · 1893
- Ford v. SmithSupreme Court of Georgia · 1858
- Taylor v. White River Valley Ry. Co.South Dakota Supreme Court · 1911
- Whitney v. SmithSupreme Court of Minnesota · 1885
- Griswold v. EastmanSupreme Court of Minnesota · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Humble v. St. JohnMontana Supreme Court · 1925
- Bruggeman v. Jerry's Enterprises, Inc.Supreme Court of Minnesota · 1999
- Bunday v. HuntingtonCourt of Appeals for the Eighth Circuit · 1915
- Larson v. AmundsonCourt of Appeals of Minnesota · 1987
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