Austrian v. Dean
Supreme Court of Minnesota
By contract under seal, made March 25, 1872, the defendant agreed to soli and convoy in fee to plaintiff “ the west half of the north-east quarter of the north-east quarter of section numbered five, (5,) in township numbered forty-seven, (47,) north, of range numbered four, (4,) in the district of lands subject to sale at Bayfield, state of Wisconsin, containing twenty acres, more or less,” for $10,000, of which $1,000 was to be paid upon the execution of the contract,…
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By contract under seal, made March 25, 1872, the defendant agreed to soli and convoy in fee to plaintiff “ the west half of the north-east quarter of the north-east quarter of section numbered five, (5,) in township numbered forty-seven, (47,) north, of range numbered four, (4,) in the district of lands subject to sale at Bayfield, state of Wisconsin, containing twenty acres, more or less,” for $10,000, of which $1,000 was to be paid upon the execution of the contract, $3,000 in ninety days thereafter, $3,000 in one year, and $3,000 in two years from the date of the contract, the deferred…
1Opinion of the Court
Gileillan, G. J.
The plaintiff’s action is based upon a deed by defendant to him of certain real estate, described in the deed as ‘ ‘ the west half of the north-east quarter of the north-east quarter of section 5, in town 47, of range 4, in the district of land subject to sale at Bayfield, state of Wisconsin, containing twenty acres, more or less, according to the government survey thereof,” which appears to have been sold for a gross sum. It ,is claimed that the words, *64“containing twenty acres, more or less, according to the government survey thereof,” amount to a covenant that by the…
2Cases cited2 opinions
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Mann v. PearsonNew York Supreme Court · 1806
3Cited by1 opinion
- Hyde v. PhillipsWashington Supreme Court · 1910