Mathwig v. Strand
Supreme Court of Minnesota
Action in tbe district court for Marshall county against Andrew Ostrand and his wife, Albert Ostrand, G. N. Morkassel and Fred Enix to enforce specific performance of a contract to convey land. The action was tried before Grindeland, J., who made findings and ordered judgment dismissing the action. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the Court
Dibell, C.
Action to enforce the specific performance of a contract to convey certain farm lands in Marshall county. The court found that the contract was mutually abandoned and denied the plaintiff relief. He appeals from the order denying his motion for a new trial.
1. Under the contract the plaintiff had an equitable title with the right of possession. He had not paid according to the contract and was not entitled to a deed. An unperfected equitable title such as this may be lost by abandonment. Smith v. Glover, 50 Minn. 58, 52 N. W. 210, 912. In this cáse the court very thoroughly…
2Cases cited12 opinions
- Tingue v. PatchSupreme Court of Minnesota · 1904
- International Realty & Securities Corp. v. VanderpoelSupreme Court of Minnesota · 1914
- Hage v. BennerSupreme Court of Minnesota · 1910
- First State Bank v. HaydenSupreme Court of Minnesota · 1913
- Finnes v. Selover, Bates & Co.Supreme Court of Minnesota · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Flynn v. SawyerSupreme Court of Minnesota · 1978
- Clark v. DyeSupreme Court of Minnesota · 1924
- Conley v. DowningSupreme Court of Minnesota · 1982
- State Bank of Milan v. SylteSupreme Court of Minnesota · 1925
- Enkema v. McIntyreSupreme Court of Minnesota · 1917
16 more not listed; retrieve them via the Exa API.