Olson v. Erickson
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Hennepin county, Hicks, J., presiding, sustaining a demurrer to the complaint.
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Appeal by plaintiffs from an order of the district court for Hennepin county, Hicks, J., presiding, sustaining a demurrer to the complaint. The written authority from defendant Charles Erickson to the agents bore date August 18, 1886. The contract made by the agents with plaintiffs bore date August 20, 1886, and was “on terms as follows: $50 in hand paid; $275 payable on or before 10 days after date hereof, or as soon thereafter as the deed * * * is tendered, and $700 according to the terms of a certain mortgage for that amount now on said loti” It further,provided that time should be of the…
1Opinion of the CourtGilfillan, C. J.
This is an action to reform a contract to convey real estate, and to enforce specific performance of it as reformed. The appeal is by plaintiffs from an order sustaining a demurrer to the complaint. The complaint sets forth a written authority by defendant to W. A. Barnes & Co. to sell certain real estate, anda written contract of sale executed in the name of defendant by Barnes & Co., agreeing to sell the real estate to plaintiffs on terms set forth in it. In both the real estate is described as “Lot (6,) block (1,) Addition Powder-Horn Park.” It is alleged that “block 1” was inserted in the…
2Cases cited1 opinion
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
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