Kies v. Warrick

182 N.W. 998 (1921)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ds contracted to sell P an irregular tract of land in Nobles county. Prior to the making of the contract sued on, Ds placed the land in the hands of John Mitchell and told him the tract contained 209 acres. Mitchell went to P and negotiated a sale at $140 an acre, and told him the farm contained 209 acres. Mitchell drew a written contract of sale stipulating for a sale at $140 an acre or $29,260. Mitchell and P went together to procure the signatures of the Ds to this contract, but they wanted more money. They demanded $29,800. P testified that he sat down with them and figured the price per acre on a basis of 209 acres at $142.58 per acre, and then told them he would accept the offer. A contract of sale was prepared which described the property according to government subdivisions and as 'containing in all, two hundred and nine (209) acres.' The price named in the contract was $29,800. P had the land surveyed and claimed the acreage was only 203.17. There were also mortgages upon the land aggregating above $8,000 to one Patterson, due March 1, 1921, and the mortgagee would not accept the money and release the mortgages. P sued seeking specific performance and abatement. The court found for P. it ruled 'that the price of the said land was computed upon the basis of 209 acres and that the price per acre so computed was $142.58.'