McMillan v. Ames
Supreme Court of Minnesota
Plaintiff, as assignee of the contract set forth in the opinion, brought this action in the district court of Hennepin county, to recover damages for an alleged breach. The complaint sets out the making of the contract, and the assignment of all interest in it to plaintiff, alleges tender of full performance on the part of plaintiff on January 10, 1884, and a refusal to perform on the part of defendant, and asks $7,550 damages.
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Plaintiff, as assignee of the contract set forth in the opinion, brought this action in the district court of Hennepin county, to recover damages for an alleged breach. The complaint sets out the making of the contract, and the assignment of all interest in it to plaintiff, alleges tender of full performance on the part of plaintiff on January 10, 1884, and a refusal to perform on the part of defendant, and asks $7,550 damages. On the trial before Lochren, J., and a jury, it was admitted that the market value of the premises on January 10, 1884, was $11,500. Plaintiff offered in evidence the…
1Opinion of the CourtVanderburgh, J.
On the day it bears date the defendant executed and delivered to James McMillan & Co. the following covenant or agreement under seal, which was subsequently assigned to the plaintiff:
“Exhibit A.
“I,.E. B. Ames, of Minneapolis, Minnesota, for the consideration hereinafter mentioned, do hereby promise and agree to grant, bar*258gain, sell, and convey, by good and lawful warranty deed, unto James McMillan & Co., their heirs and assigns, in fee-simple, free from all incumbrances, at any time between the date of this instrument and the third day of August, 1884, that the said James McMillan & Co. may…
2Cases cited7 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Bowen v. BellNew York Supreme Court · 1823
- State v. YoungSupreme Court of Minnesota · 1877
- Guilder v. Town of OtsegoSupreme Court of Minnesota · 1873
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3Cited by11 opinions
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- Samonds v. CloningerSupreme Court of North Carolina · 1925
- Samonds v. . CloningerSupreme Court of North Carolina · 1925
- Erickson v. BrandtSupreme Court of Minnesota · 1893
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