Legal Opinion

International Realty & Securities Corp. v. Vanderpoel

Supreme Court of Minnesota

Decided October 2, 1914No. Nos. 18,722-(225)PublishedCited by 18 opinions

Action in the district court for Dodge county against E. F. Vander-poel, Eugene N. Best and Eva M. Best, his wife, to ascertain the amount of damages sustained by plaintiff on account of the fraudulent representations by defendant Vanderpoel in the sale of land, for an accounting between plaintiff and defendant Vanderpoel under the contracts mentioned, and for specific performance by defendants upon the performance by plaintiff of its part of the contract.

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Action in the district court for Dodge county against E. F. Vander-poel, Eugene N. Best and Eva M. Best, his wife, to ascertain the amount of damages sustained by plaintiff on account of the fraudulent representations by defendant Vanderpoel in the sale of land, for an accounting between plaintiff and defendant Vanderpoel under the contracts mentioned, and for specific performance by defendants upon the performance by plaintiff of its part of the contract. The facts are stated in the opinion. Defendants’ motion for judgment on the pleadings in their favor (1) on the issue of the right of…

1Opinion of the Court

Taylor, C.

On November 23, 1910, defendant Yanderpoel contracted to sell 280 acres of land to plaintiff for the sum of $60,800. The purchase price was payable in instalments as follows: $6,000 at the execution of the contract; $4,000 on or before March 1, 1911; $5,000 on or before November 1, 1911; $5,800 on or before May 1, 1912; and $40,000 on or before May 1, 1918. Deferred payments bore interest at the rate of six per cent per annum payable November 1, 1911, and annually thereafter. The contract also provided that time was of the essence thereof; that the vendor could declare the contract…

2Cases cited5 opinions

  1. In re Van NormanSupreme Court of Minnesota · 1889
  2. Olson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914
  3. Marshall v. GilmanSupreme Court of Minnesota · 1892
  4. Spurr v. Home InsuranceSupreme Court of Minnesota · 1889
  5. Sylvester v. HolasekSupreme Court of Minnesota · 1901

3Cited by18 opinions

  1. Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
  2. Gridley v. RossIdaho Supreme Court · 1923
  3. Lawrence Zirinsky v. James L. Sheehan, John D. Sheehan and Brooklyn Center Industrial Park, Inc.Court of Appeals for the Eighth Circuit · 1969
  4. Mathwig v. StrandSupreme Court of Minnesota · 1916
  5. West v. WalkerSupreme Court of Minnesota · 1930

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