Ryan v. Bremseth
North Dakota Supreme Court
Equitable action in District Court, Ramsey County, Butts, J., to cancel a land contract. “Before the owner of land who has agreed to convey the same by a contract of sale, can cancel the contract for non-compliance therewith he must proceed promptly to declare his election to cancel on discovery of defaults and if he does not proceed promptly to do so, he will be deemed to have waived his right to insist that the vendee has lost his rights in equity on account of failure to…
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Equitable action in District Court, Ramsey County, Butts, J., to cancel a land contract. “Before the owner of land who has agreed to convey the same by a contract of sale, can cancel the contract for non-compliance therewith he must proceed promptly to declare his election to cancel on discovery of defaults and if he does not proceed promptly to do so, he will be deemed to have waived his right to insist that the vendee has lost his rights in equity on account of failure to comply with his contract.” See Timmons v. Russell, 13 N. D. 487; also the following cases following same rule: Kicks v.…
1Opinion of the Court
Statement
Bronson, J.
The defendant has appealed from a decree canceling and foreclosing a contract for a deed. The evidence has not been settled nor certified. Upon the judgment roll and findings the conclusions-of the law and the judgment of the trial court are questioned. The facts, as they appear therefrom, are: On July 23, 1918, plaintiff, through a contract for a deed, agreed to sell and to convey to the defendant approximately one section of farm lands in Ramsey county. The defendant agreed to pay therefor $35,392.50, as follows: The assumption of the Prosser mortgage, a lien upon the…
2Cases cited11 opinions
- Jensen v. ClausenNorth Dakota Supreme Court · 1916
- Raad v. GrantNorth Dakota Supreme Court · 1918
- Pfeiffer v. NormanNorth Dakota Supreme Court · 1911
- Thuet v. StrongNorth Dakota Supreme Court · 1898
- National Cash Register Co. v. WilsonNorth Dakota Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bender v. LiebeltNorth Dakota Supreme Court · 1981
- Stevahn v. MeidingerNorth Dakota Supreme Court · 1952
- State v. DollNorth Dakota Supreme Court · 2012
- Bendish v. CastilloNorth Dakota Supreme Court · 2012
- Langenes v. BullingerNorth Dakota Supreme Court · 1982
11 more not listed; retrieve them via the Exa API.