Legal Opinion

Westfall v. Ellis

Supreme Court of Minnesota

Decided January 10, 1919No. 21,028PublishedCited by 8 opinions

Action in the district court for Hennepin county to recover $14,800 for breach of contract. The facts are stated in the opinion. The ease was tried before Eockwood, J., who when plaintiff rested and at the close of the testimony denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $14,235.73. From an order denying his motion for a new trial, defendant appealed.

1Opinion of the Court

Lees, C.

Prior to December 4, 1915, plaintiff was the owner of an apartment house in Minneapolis and of 160 acres of land in Eenville County, North Dakota. The property was heavily encumbered. Defendant was in control of the Ellis-Hall Company, a corporation engaged in the mercantile business at Brookings, South Dakota. The parties met at Minneapolis and entered into negotiations which were concluded at Brookings on December 4, 1915, by the execution of a contract between them. In substance the contract provided that plaintiff should sell and convey to defendant his real property at a…

2Cases cited15 opinions

  1. Fagan v. HookSupreme Court of Iowa · 1905
  2. Schwab v. BaremoreSupreme Court of Minnesota · 1905
  3. People v. CampMichigan Supreme Court · 1905
  4. Beckwith v. SheldonCalifornia Supreme Court · 1914
  5. Wolfe v. ParhamSupreme Court of Alabama · 1850

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3Cited by8 opinions

  1. State v. AlbartySupreme Court of North Carolina · 1953
  2. Pond v. AndersonSupreme Court of Iowa · 1950
  3. William Weisman Realty Co. v. CohenSupreme Court of Minnesota · 1923
  4. Meiners v. KennedySupreme Court of Minnesota · 1945
  5. Tysk v. GriggsSupreme Court of Minnesota · 1958

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