Petrich v. Berkner
Supreme Court of Minnesota
Action in tbe district court for Brown county for specific performance of a contract, or, in case defendant failed to perform, for $3,815. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion for a directed verdict of “no cause of action,” and a jury which returned a verdict for $4,096.04. From an order denying his motion for .judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
Haulam:, J.
1. Plaintiff owned a quarter section of land in Brown county. Defendant was a land agent. Plaintiff listed his land with defendant for sale. In September, 1916, defendant secured a purchaser willing to buy the land for $18,515, to pay $1,000 down, $1,000 March 1, 1917, assume a mortgage then upon the land, and to give a second mortgage for $3,815 due March 1, 1931. Plaintiff refused to accept these terms because of the time of payment of the second mortgage, but was. willing to sell if assured of his cash above the first mortgage on March 1, lOl?. Thereupon and to meet this…
2Cases cited1 opinion
- Baumgartner v. CorlissSupreme Court of Minnesota · 1911