Durdahl v. Tostenson
Supreme Court of Minnesota
Actions in the district court for Goodhue county, one action -to have a notice of lis pendens canceled of record as a cloud upon the title of certain land and the other to quiet title. The cases were consolidated and tried before Johnson, J., who made findings and ordered judgment in favor of plaintiff. From an order denying their motion for amended findings and conclusions or for a new trial, defendants appealed.
1Opinion of the Court
Taylor, C.
In April, 1906, defendant John G. Johnson, as party of the first part, entered into a contract with his uncle, Ole T. Nystuen, as party of the second part, by which he sold and agreed to convey to Nystuen, by warranty deed, a designated parcel of land containing 10 acres, and by which Nystuen agreed to pay therefor the sum.of $500—$100 at the making of the contract and $400 in April, 1907—and further agreed not to sell the land "without first giving the party of the first part an option thereon at the price named therein, and an additional charge for the actual cost of buildings…
2Cases cited5 opinions
- Hammel v. FeighSupreme Court of Minnesota · 1919
- Kent v. CostinSupreme Court of Minnesota · 1915
- Blake v. J. Neils Lumber Co.Supreme Court of Minnesota · 1910
- Kruse v. TrippSupreme Court of Minnesota · 1915
- McKinley v. MacbethSupreme Court of Minnesota · 1911
3Cited by4 opinions
- Alexander v. HolmbergCourt of Appeals of Minnesota · 1987
- Erickson v. KleinmanSupreme Court of Minnesota · 1935
- Industrial Trust Co. v. CottamSupreme Court of Rhode Island · 1940
- Mandel v. Atlas Assurance Co.Supreme Court of Minnesota · 1950