Kennedy v. Dennstadt
North Dakota Supreme Court
Erom an order of tbe District Court-of Barnes County; Coffey, J., plaintiff appeals. A “good, and merchantable title” in respondent is not shown or satisfied by showing the legal title in someone, and an equitable estate in respondent. Such does not satisfy or fulfil his executory contract. It is an independent covenant on the part of respondent, and a condition precedent.
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Erom an order of tbe District Court-of Barnes County; Coffey, J., plaintiff appeals. A “good, and merchantable title” in respondent is not shown or satisfied by showing the legal title in someone, and an equitable estate in respondent. Such does not satisfy or fulfil his executory contract. It is an independent covenant on the part of respondent, and a condition precedent. Martin v. Roberts, 127 Iowa, 218, 102 N. W. 1126; Blied v. Barnard, 120 Minn. 399, 139 N. W. 714; Gates v. Parmly, 93 Wis. 294, 66 N. W. 253, 67 S. W. 739; Brown v. Widen, — Iowa, —, 103 N. W. 158; 39 Cyc. 1516, note 48.…
1Opinion of the CourtChristianson, J.
Plaintiff brought this action to recover $1,000, the amount of the first payment made under a contract for the purchase of certain real estate. The contract is as follows:
This agreement made in duplicate this 8th day of October, a. d. 1912, between A. E. Dennstadt, party of the first part, and Thomas E.. Kennedy, party of the second part:
Witnesseth, That in consideration of the stipulation herein contained' and payments to be made as «hereinafter specified, the first party hereby agrees to.sell unto the second party the following described real estate, situate in the county of Barnes and…
2Cases cited19 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
- Harney v. WirtzNorth Dakota Supreme Court · 1915
- People v. CampMichigan Supreme Court · 1905
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- E. E. E., Inc. v. HansonNorth Dakota Supreme Court · 1982
- Silbernagel v. SilbernagelNorth Dakota Supreme Court · 2007
- Baldwin v. GainesSupreme Court of Vermont · 1917
- Bishop Ryan High School v. LindbergNorth Dakota Supreme Court · 1985
- Branthover v. Monarch Elevator Co.North Dakota Supreme Court · 1916
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