118 Minn. 37 | Minn. | 1912
Action to cancel a deed and to enforce specific performance of a contract to convey land. The cause was tried to the court without a jury. On the trial the court dismissed the action as to the defendants Chromy. Thereafter findings were filed directing the dismissal of the action as to the defendant Annie Hlinka on the merits, and determining that the plaintiff was not entitled to the specific performance of the contract alleged in the complaint, but should recover from the defendant Thomas Hlinka the sum of $100, without -interest and without costs or disbursements; and it was ordered that judgment be entered accordingly. From an order denying the plaintiff’s motion for a new trial, the plaintiff appealed.
As observed in the appellant’s brief: “There is practically no dispute in the evidence as to any of the facts.”
It appears that on January 13, 1909, the defendant Chromy, being then the owner of the west half of the southwest quarter of section 15, town 112, range 23, in Le Sueur county, his wife joining with him therein, entered into a contract in writing with the defendant Thomas Hlinka and one Joseph Picha, for the sale of the said premises to them jointly for the sum of $6,660, of which $60 was then and there paid in cash, and $6,600 was agreed to be paid on or before March 15, 1909. This contract obligated the Chromys to convey the said land to Hlinka and Picha, or their assigns, by deed of warranty, .upon the performance on the part of Hlinka and Picha of their part of the agreement, and further provided that all covenants therein contained should extend to and be obligatory upon the heirs, personal representatives and assigns of the respective parties thereto.
“New Prague, Minn., Jan. 16, 1909.
“For value received, I hereby agree to sell and transfer to Joseph Kasai all my interest in a contract for deed from Joseph Chromy and wife to me and Joseph Picha on W-J- of SWJ Sec. 15, Town. 112, Kange 23 West, and in case of any disagreement I agree to return the $100 to me this day paid.
“Thomas Hlinka.”
“In presence of
“Joseph Kachac,
“Frank J. Topka.”
On the same day the plaintiff paid the said Hlinka $100 on the said transaction, and it was then and there orally agreed that Hlinka would convey to the plaintiff thereunder only the 29.04 acres above mentioned. On the last-mentioned date the said Hlinka was a married man, his wife being the defendant Annie Hlinka. Thereafter, and on March 8, 1909, the defendants Ohromy, for the consideration of $4,019, executed to Picha a deed for all that part of the said eighty except the 29.04 acres above-mentioned. And on the -same day the said grantors executed to Thomas Hlinka, for the consideration of $2,619.60 a deed for the said 29.04 acres. Thereafter the' plaintiff demanded that the said Thomas Hlinka convey to him the said 29.-04 acres by warranty deed conveying perfect title to the said premises, at the same time tendering the amount due on the contract to him, and the said Thomas Hlinka then offered to execute a warranty deed to such premises, but the plaintiff refused to accept it unless the said Hlinka’s wife would join therein, which she refused
It is the claim of the plaintiff, among other things, in substance that on the facts stated he was entitled to a decree, either for a cancelation of the deed referred to from the defendants Joseph Chromy and wife to the defendant Thomas Hlinka, and directing the said Chromys to execute a warranty deed for the lands described therein to the plaintiff, or directing the defendant Thomas Hlinka to convey the said land to the plaintiff by deed of warranty, on the payment of the purchase price, either with or without compensation for the failure of his wife to join in the deed.
It may be conceded at the outset that, if the plaintiff, when the proofs are considered from a view-point most favorable to him, was entitled to any relief, except merely nominal, against any of the defendants other than was granted him by the court below against the defendant Thomas Hlinka, the order denying the plaintiff a new trial of the action was erroneous. .
Bor convenience, we will consider the plaintiff’s second claim for relief first, for we think its disposition will virtually dispose of the plaintiff’s other contentions. There is no question that, under the executory contract for the sale of the land by the Chromys to Hlinka and Picha, the latter became the equitable owners of the land (Stearns v. Kennedy, 94 Minn. 439, 442, 103 N. W. 212) and trustees for the vendor as to the unpaid portion of the purchase price (Smith v. Lyttle, 27 Minn. 184, 190, 6 N. W. 625). Hlinka having acquired an equitable title or interest in the land, no question of homestead being involved, could dispose of such title before, obtaining a deed. The plaintiff, however, being a subpurchaser from Hlinka, took his equitable title subject both to the stipulations and covenants of the original executory contract, and the conditions of the assign
Other errors assigned have been considered; but in the view we have taken of the rights of the parties, such assignments are either immaterial or require no special treatment.
Order affirmed.