Legal Opinion

Grant v. Munch

Supreme Court of Minnesota

Decided June 30, 1893PublishedCited by 8 opinions

Appeal by plaintiff, William H. Grant, Jr., from a judgment of the District Court of Pine County, F. M. Crosby, J., entered August 22, 1892. ■ On February 14, 1891, the defendants, Adolph Munch and Anna Munch, his wife, sold and agreed to convey to plaintiff the northwest quarter of the northwest quarter of section ten, (10,) T. 42, R. 20, in Pine County, for $200, payable $50 on that day, and the residue in six months, with interest, for which plaintiff gave his note…

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Appeal by plaintiff, William H. Grant, Jr., from a judgment of the District Court of Pine County, F. M. Crosby, J., entered August 22, 1892. ■ On February 14, 1891, the defendants, Adolph Munch and Anna Munch, his wife, sold and agreed to convey to plaintiff the northwest quarter of the northwest quarter of section ten, (10,) T. 42, R. 20, in Pine County, for $200, payable $50 on that day, and the residue in six months, with interest, for which plaintiff gave his note payable at the National German-American Bank in St. Paul. The ■contract of sale provided that if default should be made in the…

1Opinion of the CourtCollins, J.

This was an action for specific performance of a contract for the sale and conveyance of real estate. At the time of the sale one-fourth of the purchase price was paid by the vendee, and the balance was to be paid in six months, according to the conditions of the vendee’s promissory note of even date. By the terms of the contract, prompt performance-on his part was required of the vendee; and it was expressly provided that if he should make default in his payment the contract should be void, at the election of the vendor, “time being of the essence of this agreement.” The note was made…

2Cases cited3 opinions

  1. Hackett v. ConnettNew York Court of Chancery · 1833
  2. McManus v. BlackmarrSupreme Court of Minnesota · 1891
  3. Davis v. StevensSupreme Court of Iowa · 1856

3Cited by8 opinions

  1. Miller v. SnedekerSupreme Court of Minnesota · 1960
  2. Lawrence Zirinsky v. James L. Sheehan, John D. Sheehan and Brooklyn Center Industrial Park, Inc.Court of Appeals for the Eighth Circuit · 1969
  3. True v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914
  4. Fitchette v. Victoria Land Co.Supreme Court of Minnesota · 1904
  5. Nelson Real Estate Agency v. SeemanSupreme Court of Minnesota · 1920

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