Nolan v. Greeley
Supreme Court of Minnesota
Action in the district court for St. Louis county to restrain defendant from proceeding with the cancelation of a certain contract. From an order, Magney, J., granting a restraining order except the part which read: “But it is hereby provided and understood that the defendant Greeley may accept payments under said contract for any month subsequent to the months in issue without thereby waiving any other right now had in this action,” defendant Greeley appealed.
1Opinion of the CourtDibell, J.
The defendant appeals from an order granting a temporary injunction.
The plaintiff Nolan was the vendee in a contract for the purchase' of a tract of land in Duluth and the defendant Greeley was the vendor. The purchase price was payable in monthly instalments. The contract *442had the usual provisions for cancelation and forfeiture in case of default..Nolan paid the amounts due to the Western Development Company, his agent, for the seven months from October, 1920, to. April, 1921. The company claims it paid these amounts to Greeley by applying them on a note which he was owing to the company…
2Cases cited8 opinions
- First National Bank v. SargeantNebraska Supreme Court · 1902
- Freeman v. FehrSupreme Court of Minnesota · 1916
- Ekeberg v. MackaySupreme Court of Minnesota · 1911
- Southern Minnesota Railroad v. StoddardSupreme Court of Minnesota · 1861
- McMurtrie v. KeenanMassachusetts Supreme Judicial Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re ButlerSupreme Court of Minnesota · 1996
- Clark v. DyeSupreme Court of Minnesota · 1924
- Andresen v. SimonSupreme Court of Minnesota · 1927
- Central Union Trust Co. of N.Y. v. BlankSupreme Court of Minnesota · 1926
- Follingstad v. SyversonSupreme Court of Minnesota · 1924
8 more not listed; retrieve them via the Exa API.