Nolander v. Burns
Supreme Court of Minnesota
Appeal by defendants Henry C. Belden and Edward D. Brown from a judgment of the district court of Hennepin county, Smith, J., entered March 11, 1891. Appellants owned two contiguous lots in Motor Line addition, Minneapolis, comprising less than one acre of land.
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Appeal by defendants Henry C. Belden and Edward D. Brown from a judgment of the district court of Hennepin county, Smith, J., entered March 11, 1891. Appellants owned two contiguous lots in Motor Line addition, Minneapolis, comprising less than one acre of land. On January 18, 1890, they contracted in writing with defendant Charles J. Burns to sell the lots to him, and he agreed to pay $2,600 therefor, and build on the lots three houses, and complete them within four months from that date. He built two of the houses, but never did anything towards building the third. There was no allegation…
1Opinion of the Court
Collins, J..The agreement entered into between defendants Brown and Belden as owners of the real property, on which plaintiff claims a lien under the terms of Laws 1889, ch. 200, and defendant Burns, whereby the former sold and agreed to convey to the latter said property, required of Burns the erection and completion of three houses within a given period of time. Prompt performance of the conditions imposed upon the vendee was demanded in express terms, and time was made of the essence of the agreement. Two of the houses were seasonably completed, but the third was not, nor was it commenced.…
2Cases cited1 opinion
- Hill v. GillSupreme Court of Minnesota · 1889
3Cited by5 opinions
- Gruen v. State Tax CommissionWashington Supreme Court · 1949
- Erickson v. IrelandSupreme Court of Minnesota · 1916
- Althen v. TarboxSupreme Court of Minnesota · 1892
- Hill v. AldrichSupreme Court of Minnesota · 1892
- Brown v. JonesSupreme Court of Minnesota · 1893