Goetz v. Walters
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Hennepin county, to recover the sum of $300 paid to defendant on the agreement for the purchase of a house and lot recited in the opinion. The complaint alleges that defendant has never been the owner of the premises agreed to be conveyed.
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The plaintiff brought this action in the district court for Hennepin county, to recover the sum of $300 paid to defendant on the agreement for the purchase of a house and lot recited in the opinion. The complaint alleges that defendant has never been the owner of the premises agreed to be conveyed. The answer alleges, among other things, that on May 15, 1884, the plaintiff repudiated and expressly refused to be bound by the agreement, admits that defendant did not own the premises till May 31, 1884, and alleges readiness and willingness to perform. Judgment on the pleadings was directed for…
1Opinion of the CourtGilfillan, C. J.
Plaintiff paid defendant $300 upon a contract for the purchase of real estate, and received from him a memorandum setting forth the terms of the contract as follows:
“Minneapolis, May 3, 1884.
“Beceived of Margaret Goetz three hundred dollars as earnest-money and in part-payment for the purchase of house and lot No. 1505, 25th St. S., lot 29^x116, which I have this day sold and agree to convey to said Margaret Goetz for the sum of twenty-one hundred dollars, on terms as follows, viz.: Three hundred dollars this day, and five hundred dollars within thirty days; a mortgage to be given on or…
2Cited by13 opinions
- Primm v. WiseSupreme Court of Iowa · 1905
- Gregory v. ChristianSupreme Court of Minnesota · 1890
- Weitzel v. LeysonSouth Dakota Supreme Court · 1909
- Brown v. California & Western Land Co.Supreme Court of Minnesota · 1920
- Lynch v. HigginsSupreme Court of Minnesota · 1923
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