126 Minn. 52 | Minn. | 1914
On January 17, 1905, plaintiff acquired from defendant a lot with buildings in St. Peter, Minnesota. The deal was apparently conducted by the husbands of the parties hereto. Defendant’s husband died before the action was begun. The parties were related, the plaintiff being niece of defendant’s husband. Tt appears that the defendant and her husband, because of the latter’s illness, desired to dispose of their property and business, being the premises mentioned, whereon they were conducting a small hotel or boarding house and saloon. In selling to plaintiff, an intention, on the part of defendant and her husband, may be inferred from the record to assist a destitute relative to get a start in business upon very favorable terms and at an extremely low price. After the parties had agreed on the terms Mr. Benson, an attorney of St. Peter, was called in by defendant’s husband to draw the necessary instruments. There was signed and delivered an executory contract for the sale and conveyance by defendant and her husband to plaintiff of said lot in St. Peter for $1,700, of which $200 was to be paid January 17, 1906, and $300 on the seventeenth of January each succeeding year until the Avhole amount was paid, together with 5 per cent interest on the amount remaining unpaid, and also to keep the buildings insured for $1,800, loss, if any, payable to defendant. Plaintiff also received from defendant a bill of sale of the saloon fixtures, stock, and furniture in the building for a consideration pf $450 recited therein. Plaintiff, her husband joining, also executed and delivered
Appellant’s first contention is that the complaint is insufficient to warrant the relief granted. It is said the deed, sought to be declared a mortgage, being claimed to be a security for an obligation other than that specified in the defeasance (or the other instruments given in connection therewith), and there being no allegations of mistake in the written documents, but merely a conclusion stated as to the intention of the parties that the deed should stand as security for the money due on the land contract, there is not an adequate statement of facts upon which a court of equity may act. The position is not tenable. The complaint sets forth the executory contract for the sale of premises in St. Peter to plaintiff; that she has paid all except a certain sum which she has tendered defendant, and which
All other assignments of error relate to the acceptance by the court of plaintiff’s claim of the transaction instead of defendant’s. As already intimated inconsistencies and ambiguities appear in the documents executed by the parties which are difficult to harmonize or solve. The purchase price of the St. Peter property seems extremely low, when the personal .property which was included in the sale is considered. The taxes on the 160 acres of land were paid by defendant ever since the deal was made. And when plaintiff first tendered the balance due under the contract, the demand for conveyance was confined to the lot. On the other hand, the bond for deed is not explainable on any theory consistent with defendant’s contention. She asserts the land was exchanged absolutely for the lot. The note undoubtedly is part of the transaction, it is referred to in the bond for deed. It would appear that the amount thereof, as well as the consideration in the bond and deed was an error, and $1,700 should have been inserted instead of $1,600, for, when the first year’s interest was paid, the amount, $85, correspond
We do not consider that the question whether the deed to the Kanabec land was given as security rests entirely upon doubtful parol testimony. The other writings referred to strongly support plaintiff’s claim that the land was intended to be held by defendant as seeiirity merely. The trial court has evidently given the matter careful consideration, for upon the first trial he concluded that in the deal the land was traded in, plaintiff reserving an option to get it back on January 17, 1911, by paying $1,600, without interest. Tie considered he was wrong and granted a new trial. The present findings are the result of mature reflection. We feel that this court should not interfere with the findings upon this record. The trial court, even in cases where much depends upon documentary evidence, receives aid from the very manner and .appearance of the witnesses who do take the stand, which does not come to an appellate court, and hence there is reason for the rule that only when the findings are manifestly or palpably without support should this court interfere. See cases cited under 1 Dunnell, Minn. Digest, § 411; Wunder v. Turner, 120 Minn. 13, 138 N. W. 770; Wann v. Northwestern Trust Co. 120 Minn. 493, 139 N. W. 1061; Pennington v. Roberge, 122 Minn. 295, 142 N. W. 710. But, even in cases submitted upon written evidence alone, this court must give the same deference to the findings of the trial court. Humphrey v. Havens, 12 Minn. 196 (298); Cornish, Curtis & Greene Co. v. Antrim Co-Op. Dairy Assn. 82 Minn. 215, 84 N. W. 724; Treat v. Kellogg, 104 Minn. 54, 115 N. W. 947. The binding force of the findings of the trial court upon
We cannot hold that the findings of fact are palpably or manifestly without support in the record) on the contrary, we must say that they are fairly sustained.
Judgment affirmed.