141 Minn. 203 | Minn. | 1918
Action to recover the sum of $6,200 paid by plaintiff to defendants under a contract for the sale of 636 acres of land in the Saskatchewan region. At the close of plaintiff’s case defendants rested and requested the court to direct a verdict in their favor, which was granted. Erom a judgment entered thereon plaintiff appealed.
It -appears that the plaintiff resided near Madison in the state of Wisconsin. In September, 1912, he came to St. Paul and went with
Plaintiff was absent from his home state from the first until the fourth day of October, 1913. He arrived in St. Paul on the morning of October 16, when he received the contract in question which reached St. Paul on the sixth of October by registered mail. On the same day, October 16, he left a letter with the clerk in defendants’ office, notifying them that he wished to relinquish the land. October 20, defendants, by letter, acknowledged receipt of the plaintiff’s letter of the sixteenth stating that the right to relinquish had expired October 4 and that plaintiff had forfeited that right. The trial court refused to allow plaintiff to show how long he had been absent from home at the time he arrived in St. Paul, and the attendant circumstances, or how the contract came to be mailed to him at St. Paul.
The law of the case was settled upon the former appeal. Under that decision it was unnecessary for plaintiff to take any action until the 'expiration of the year. He then had a reasonable time, under the circumstances of the case, in which to exercise the option. Plaintiff resided in the state of Wisconsin, the defendants in the city of St. Paul.
The judgment is reversed and a new trial granted.