37 Minn. 215 | Minn. | 1887
This controversy arose out of a contract made between these parties, by the terms of which plaintiffs agreed to sell and deliver to the defendant their stock of merchandise, with store fixtures, then being in a certain store building in the village of Waseca theretofore occupied by them, and held under a lease, and also to assign to him such lease, in consideration of which the defendant agreed to convey to the plaintiff Michael Knopf the house and lot therein described, then being the homestead of the defendant, at the price of $2,000. An invoice of the goods was thereupon taken by the parties, which amounted to the sum of $1,883.28. The contract was
1. We think the evidence discloses a compliance with the terms of the contract on plaintiffs’ part. The tender must necessarily be construed as a tender of the goods, as invoiced, and was sufficient to put ■defendant in complete possession. And, by the deposit, Buckman became bailee in possession, with the right to deliver them to defendant •on surrender of the deed. The defendant did not object to the form of the tender, but demanded, in substance, a re-invoice for his own protection, but this had not been provided for. It does not appear that he might not have had access to the store in the interval, or that there was any reasonable ground to apprehend any misappropriation or deficit.
3. The land which the defendant undertook to convey was his. homestead. His wife having consented and joined in the execution of the deed, and the same being delivered in escrow, all homestead rights were waived, and it was unnecessary that she should be a. party to this suit. The principal question, and the one on which the case turns, is in respect to the performance of the contract on plaintiffs’ part.
Order affirmed.
Berry, J., because of illness, took no part in tbis case.