Knudtson v. Robinson
North Dakota Supreme Court
Appeal from District Court, McLean county, Winchester, J. ¡Specific performance by O. A. Knudtson 'against John J. Robinson ■and others.
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Appeal from District Court, McLean county, Winchester, J. ¡Specific performance by O. A. Knudtson 'against John J. Robinson ■and others. Judgment for defendants, and plaintiff appeals. ■ Wherever the deficiency in the quantity of land contracted to be sold by the vendor, or defect in the title, does not'substantially alter the contract, the vendee can enforce the contract with compensation for the deficiency; if the deficiency or defect is material, vendee may refuse performance, or have performance with compensation or abatement; if so great as to make compensation or damages the main object…
1Opinion of the CourtMorgan, C. J.
The complaint in this action states the following facts: On the 15th diay of October, 1901, one John J. Robinson entered into a contract in .writing with the plaintiff, wherein he agreed to convey to the plaintiff 960 acres of land, which was described in said contract. The price agreed upon was the sum of $8.50 per acre. The sum of $50 was paid by the plaintiff to Robinson at the time of the making of the contract. The contract provided for the payment of the balance of the purchase price in installments at specified dates. The 960 acres of land embraced 160 acres occupied by Robinson and…
2Cases cited4 opinions
- Silander v. GronnaNorth Dakota Supreme Court · 1906
- Crumbly v. BardonWisconsin Supreme Court · 1888
- Lattin v. HazardCalifornia Supreme Court · 1891
- Pederson v. DibbleNorth Dakota Supreme Court · 1904
3Cited by11 opinions
- Green v. GustafsonNorth Dakota Supreme Court · 1992
- Ziebarth v. KalenzeNorth Dakota Supreme Court · 1976
- Jonmil, Inc. v. McMertyNorth Dakota Supreme Court · 1978
- Dow v. McVeySupreme Court of Iowa · 1916
- Gunsch v. GunschNorth Dakota Supreme Court · 1955
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