Sandum v. Johnson
Supreme Court of Minnesota
Action in the district court for Benton county to recover $2,078.30 for breach of contract to convey certain premises pursuant to a contract of purchase. The answer admitted there was a public highway across a portion of the premises described in the contract and alleged that, prior to the execution of the contract, plaintiff had notice of the existence of the highway.
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Action in the district court for Benton county to recover $2,078.30 for breach of contract to convey certain premises pursuant to a contract of purchase. The answer admitted there was a public highway across a portion of the premises described in the contract and alleged that, prior to the execution of the contract, plaintiff had notice of the existence of the highway. At the trial of the action before Grindeland, J., defendant’s motion for judgment of dismissal upon the pleadings was granted. From an order denying plaintiff’s motion for a new trial, he appealed.
1Opinion of the Court
Taylor, C.
The trial court directed a judgment for the defendant, on the pleadings and the admissions made in open court, and the plaintiff appeals from an order denying his motion for a new trial. The facts are briefly as follows:
The defendant entered into a contract with the plaintiff whereby he agreed to convey to the plaintiff 359.30 acres of land located in Pennington county, “in fee simple,, clear of all encumbrance what*369ever, by a good and sufficient warranty deed,” on being paid the purchase price therefor as provided in the contract. Prior to the making of the contract, a public road…
2Cases cited46 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
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3Cited by13 opinions
- Shaw v. MorrisonCourt of Appeals of Texas · 1929
- Hoyt v. RotheWashington Supreme Court · 1917
- McMurray v. HousworthCourt of Appeals of Georgia · 2006
- Old Falls, Inc. v. JohnsonNew Jersey Superior Court Appellate Division · 1965
- Sorkil v. StromSupreme Court of Minnesota · 1923
8 more not listed; retrieve them via the Exa API.