Powers Elevator Co. v. Stolz
North Dakota Supreme Court
Appeal from the District Court of Stutsman County, Coffey, J. The agreement of a grantee of an interest in real property to assume encumbrances thereon need not be in any stated form. It may be in the instrument under which the grantee acquires title, or by a separate written instrument, or it may even rest in parole, and in such case is not within the statute of frauds.
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Appeal from the District Court of Stutsman County, Coffey, J. The agreement of a grantee of an interest in real property to assume encumbrances thereon need not be in any stated form. It may be in the instrument under which the grantee acquires title, or by a separate written instrument, or it may even rest in parole, and in such case is not within the statute of frauds. It is separate and distinct from the conveyance. 27 Cyc. 1345, notes, 4 and 5; Moore v. Booker, 4 N. D. 543, 62 N. W. 607; Bossingham v. Syek, 118 Iowa, 192, 91 N. W. 1047; Neiswanger v. McClellan, 45 Kan. 599, 26 Pac. 18. An…
1Opinion of the CourtBurke, J.
On the 5th of April, 1910, the Northern Real Property Company sold upon contract a half section of land to the defendant Stolz for $7,506.84. Among the provisions of that contract was one that Stolz was to pay certain instalments — usually $600 — the first of each November thereafter, until the purchase price had been reduced to a $1,750 mortgage, which was at that time an encumbrance upon the place. The contract contained the further provision that if the payments were not made and the contract was forfeited, all of the payments made and all of the buildings and improvements should he taken…
2Cases cited8 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court · 1907
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Nearing v. CoopNorth Dakota Supreme Court · 1897
- McKenzie v. Bismarck Water Co.North Dakota Supreme Court · 1897
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3Cited by2 opinions
- In Re Ryan's EstateNorth Dakota Supreme Court · 1960
- State v. First National Bank of MinneapolisNorth Dakota Supreme Court · 1960