Slimmer v. Martin
North Dakota Supreme Court
Appeal from District Court of Ward County, Leighton, J. In case a contract for the purchase of land is breached by the vendee, the vendor has various remedies. Richard v. Marshall (Iowa) 103 N. W. 774; Waters v. Pearson (Iowa) 144 N. W. 1026; Miller v. McConnell (Iowa) 157 N. W. 943; Curr Co. v. Nygren, 114 Minn. 268, 130 N. W. 1112, Ann. Cas. 1912C, 538; 22 Ene. PL & Pr. 702. A vendor’s lien exists only when the vendor has conveyed title to the vendee. Pom. Eq.
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Appeal from District Court of Ward County, Leighton, J. In case a contract for the purchase of land is breached by the vendee, the vendor has various remedies. Richard v. Marshall (Iowa) 103 N. W. 774; Waters v. Pearson (Iowa) 144 N. W. 1026; Miller v. McConnell (Iowa) 157 N. W. 943; Curr Co. v. Nygren, 114 Minn. 268, 130 N. W. 1112, Ann. Cas. 1912C, 538; 22 Ene. PL & Pr. 702. A vendor’s lien exists only when the vendor has conveyed title to the vendee. Pom. Eq. Jur. 3d ed. §§ 1260-1262. This rule is recognized by the courts of our own state. Roby v. Bismarck Nat. Bank, 4 N. D. 156. See also…
1Opinion of the CourtBikdzell, J.
This is an appeal from a judgment in a vendor’s action for specific performance. The specification is for a trial de novo. The appellants, however, insisted upon a jury trial in the court below,- and upon this appeal they also rely upon the ruling of the trial court denying it as an error vitiating the judgment.
The action was commenced by the service of a summons on December-8, 1913, and the complaint was filed in the office of the clerk of the district court of Divide county, January 23, 1914. The trial took place on September 18, 1916. Findings and conclusions, order for *257judgment, and…
2Cases cited14 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- Bear v. FletcherIllinois Supreme Court · 1911
- Miller v. JonesWest Virginia Supreme Court · 1911
- Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
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