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Kies v. Warrick

Minnesota Supreme Court
182 N.W. 998 (1921)


Facts

Cordelia Warrick (defendant) contracted to sell property to J. J. Kies (plaintiff). The contract stated, consistent with Warrick’s belief, that the property was 209 acres. The parties agreed to a sale price and discussed that at that price, the price per acre of the property was $142.58. After the contract’s execution, Kies ordered a land survey and found the property to be only 203.17 acres. Kies brought suit seeking specific performance of the contract, with a reduction in the sale price according to the price per acre agreed upon in the contract. The trial court ruled in favor of Kies, reducing the sale price to the agreed upon price per acre of $142.58, multiplied by 203.17. Warrick appealed.

Rule of Law

Issue

Holding and Reasoning (Hallam, J.)

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