Mo v. Bettner
Supreme Court of Minnesota
Appeal by defendants from judgment entered in the district court for Dodge county, Buckham, J., upon findings in favor of plaintiff. Default having occurred in respect to payments on the contract for the purchase of the land in question, if the vendor, having knowledge of the facts, treats the contract as still existing, he will be deemed to have waived his right to enforce forfeiture of the contract for a past default, although time was made of its essence.
Read the full summary
Appeal by defendants from judgment entered in the district court for Dodge county, Buckham, J., upon findings in favor of plaintiff. Default having occurred in respect to payments on the contract for the purchase of the land in question, if the vendor, having knowledge of the facts, treats the contract as still existing, he will be deemed to have waived his right to enforce forfeiture of the contract for a past default, although time was made of its essence. Quinn v. Olson, 34 Minn. 422; O’Connor v. Hughes, 35 Minn. 446; Austin v. Wacks, 30 Minn. 335; Coles v. Shepard, 30 Minn. 446. After…
1Opinion of the CourtCanty, J.
Action by the vendor to have an executory contract for the sale of real estate declared forfeited. The question presented is whether the findings of fact sustain the conclusions of law and the judgment. The contract was made by plaintiff with one Larson on February 8, 1892, and provides for the payment of $1,600 as the purchase price, $200 during the first year, $100 each year thereafter for three years, and the balance of $1,100 the fourth year, together with interest, payable annually. The contract further provides:
‘‘That in case of the failure of said party of the second part (Rasmus…
2Cases cited2 opinions
- O'Connor v. HughesSupreme Court of Minnesota · 1886
- Quinn v. OlsonSupreme Court of Minnesota · 1886
3Cited by12 opinions
- Suburban Homes Co. v. NorthMontana Supreme Court · 1914
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
- Sullivan v. BurcawIdaho Supreme Court · 1922
- Tingue v. PatchSupreme Court of Minnesota · 1904
- Keator v. FergusonSouth Dakota Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.