True v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $2,-090.59. The answer enumerated the contracts between the parties; alleged that plaintiff made default in the payments thereunder; that defendant exercised the option given to it to declare each of the contracts void and in the years 1903 and 1905 notified the plaintiff of such cancelation; that the contracts were executed and delivered in the state of Washington and provided they should be performed in that…
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Action in the district court for St. Louis county to recover $2,-090.59. The answer enumerated the contracts between the parties; alleged that plaintiff made default in the payments thereunder; that defendant exercised the option given to it to declare each of the contracts void and in the years 1903 and 1905 notified the plaintiff of such cancelation; that the contracts were executed and delivered in the state of Washington and provided they should be performed in that state; and set up the Minnesota statute of limitations' as a defense. The reply, among other matters, alleged that after…
1Opinion of the CourtHallam, J.
In 1902 defendant sold to plaintiff a number of tracts of land in the state of Washington. Separate contracts were given, each conveying a separate tract. In each case one-sixth of the purchase price was paid down and a contract given, providing for payment of the balance in five annual instalments. A second payment was made in 1903 on one contract. Aside from this, no payment, except the initial payment, was ever made. After default, defendant undertook to cancel each of these contracts, and thereafter sold the land to other purchasers. After many years, in May, 1911, plaintiff made offer of…
2Cases cited19 opinions
- Schwab v. BaremoreSupreme Court of Minnesota · 1905
- Douglas v. HanburyWashington Supreme Court · 1909
- Reddish v. SmithWashington Supreme Court · 1894
- Baum v. BirchallSupreme Court of Pennsylvania · 1892
- Kerns v. McKeanCalifornia Supreme Court · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Paynesville Land Co. v. GrabowSupreme Court of Minnesota · 1924
- Green v. Northwestern Trust Co.Supreme Court of Minnesota · 1914
- Semmler v. Beulah Coal Mining Co.North Dakota Supreme Court · 1922
- Smith v. KurtzenackerSupreme Court of Minnesota · 1920
6 more not listed; retrieve them via the Exa API.