Duke v. Balme
Supreme Court of Minnesota
This action was commenced in the district court for Washington county, and was tried before a referee. The material facts, as found by the referee, are substantially as follows: On the 30th day of October, 1856, the plaintiff sold and conveyed to the defendant Joshua R. Balme, certain lands in said county, then owned by him, and in part payment therefor received from Balme' three land warrants, at an agreed price, which Balme said and represented to the plaintiff that he…
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This action was commenced in the district court for Washington county, and was tried before a referee. The material facts, as found by the referee, are substantially as follows: On the 30th day of October, 1856, the plaintiff sold and conveyed to the defendant Joshua R. Balme, certain lands in said county, then owned by him, and in part payment therefor received from Balme' three land warrants, at an agreed price, which Balme said and represented to the plaintiff that he owned, and the plaintiff received them relying upon such representation. These land warrants were genuine, but the…
1Opinion of the Court
*309 By the Court
Ripley, Ch. J.
The referee finds that Balme said and represented to Duke, that he was the owner of the land warrants taken from him by the latter, in part payment of the purchase price of his land. This we think was an express warranty of title.
The warrants were genuine, but did not belong to Balme, the assignments thereof being forgeries. Duke consequently acquired no property in them by such transaction, and as to said part of the purchase price of his land, he received nothing. It was in fact unpaid, though he supposed he had been paid, an erroneous belief, into which he had…
2Cases cited2 opinions
- Bradley v. BosleyNew York Court of Chancery · 1845
- Selby v. StanleySupreme Court of Minnesota · 1860
3Cited by5 opinions
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- Trogden v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1875
- Bray v. BookerNorth Dakota Supreme Court · 1899