Wood v. Newell
Supreme Court of Minnesota
Action in the district court for Jackson county to cancel an executory contract' for the sale of land. The answer alleged that about a week •after defendant bad purchased the land he resold it to one P. S. Silly and that he was no longer the owner thereof.
Read the full summary
Action in the district court for Jackson county to cancel an executory contract' for the sale of land. The answer alleged that about a week •after defendant bad purchased the land he resold it to one P. S. Silly and that he was no longer the owner thereof. The ease was tried before Dean, J., and a jury which answered in the negative the question: “Did the plaintiff, at the time of the signing of the contract in question, possess sufficient strength of mind and reason to understand the nature and consequences of his act in executing it?” The court made findings and ordered judgment in favor of…
1Opinion of the Court
Brown, O. J.
Action to cancel and annul an executory contract for the sale of land in which defendant had judgment and plaintiff appealed.
It appears that plaintiff is the owner of the land in question and has been such owner for some time. On October 10, 1918, by formal writing 'he authorized Strom & Strom, real estate dealers residing in Jackson, Jackson county, the county wherein the land is situated, to sell the same at the price of $140 per acre, the authority thus granted to continue until revoked by plaintiff on 30 days’ notice. Of this authority and the terms thereof there is no dispute…
2Cases cited3 opinions
- Bausman v. KelleySupreme Court of Minnesota · 1888
- Scott v. HaySupreme Court of Minnesota · 1903
- Schaps v. LehnerSupreme Court of Minnesota · 1893
3Cited by3 opinions
- Krueger v. ZochSupreme Court of Minnesota · 1969
- Fisher v. SchefersCourt of Appeals of Minnesota · 2003
- Burches v. GoffsteinSupreme Court of Minnesota · 1927