Raad v. Grant
North Dakota Supreme Court
From a judgment of the District Court of Hettinger County, Honorable W. 0. Crawford> Judge, defendants appeal. A vendor of land is entitled to retain money paid by the vendee on account of the purchase price as liquidated damages, after the vendee’s breach, whether it be so designated in the contract or not.
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From a judgment of the District Court of Hettinger County, Honorable W. 0. Crawford> Judge, defendants appeal. A vendor of land is entitled to retain money paid by the vendee on account of the purchase price as liquidated damages, after the vendee’s breach, whether it be so designated in the contract or not. Glock v. Howard & W. Colony Co. (Cal.) 55 Pac. 713; 39 Cyc. 1325, 1382. _ A vendee cannot in any event recover back such money without complying with the settlement contract and turning back the contract for deed. 13 C. J. 567-572. In this case the defendants were the prevailing parties…
1Opinion of the Court
■Ciieistianson, J.
This is an action to rescind a contract for the purchase and sale of 160 acres of land, in Hettinger county in this state, and to recover the consideration paid under the contract.
The plaintiff’s claim, as stated in the complaint is that the defendant R. A. Grant “falsely and fraudulently represented that said land was much nearer Mott, North Dakota, and Burt, North Dakota, both market points for said land, than the same in fact is; that he falsely and fraudulently represented that said land was all good farming land with no gumbo or stone-on the same, when in truth and in…
2Cases cited1 opinion
- Erickson v. WiperNorth Dakota Supreme Court · 1916
3Cited by18 opinions
- E. J. Lander & Co. v. DeemyNorth Dakota Supreme Court · 1920
- Langenes v. BullingerNorth Dakota Supreme Court · 1982
- Ryan v. BremsethNorth Dakota Supreme Court · 1922
- Albion-Idaho Land Co. v. Naf Irr. Co.Court of Appeals for the Tenth Circuit · 1938
- Ramage v. TrepanierNorth Dakota Supreme Court · 1938
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