131 Minn. 159 | Minn. | 1915
Plaintiff owned a 240 acre farm in Marshall county. March 11, 1914, he executed to the Marshall County Land Company, a corporation of which defendant Mathwig was the president and chief stockholder, an instrument by which he placed the farm in the hands of the company for sale at a price of $30 per acre, terms: $500 cash down; $1,300 when
“Beceived of B. C. Mathwig of Warren, Minn, the sum of fifty dollars to apply upon the purchase price of the following land this day sold by me to said Mathwig for a total consideration, payable as follows: Purchase price $7,500.00; $450.00 in 30 days from date; $1,300.00 on March 1, 1915, or prior thereto if Mathwig demands deed. Balance of purchase price to be arranged by adjustment of mortgages on March 1, 1915, or at such prior time as Mathwig may desire when said $1,300.00 payment is made. Description of land is: (Here follows description of the farm before mentioned.)
“Interest on all payments shall be 6 per cent from date of deed, or Oct. 15, 1914.
“Dated Sept. 25, 1914.
“GEOBGE LESLIE.”
This action was to cancel and set aside the above instrument. The ground upon which the relief was asked was that plaintiff was induced to execute it by fraudulent representations. Defendant answered, denying fraud, and demanding judgment for the specific performance of the instrument or contract, as the answer calls it. The answer also prayed that Albin Young, to whom plaintiff conveyed the farm October 6, and Matt Anderson and wife, to whom Young, on October 7, gave a contract to sell the land, be made parties defendant. This was done, and these defendants filed replies to the answer of defendant Mathwig.
The trial resulted in a decision to the effect that the contract sought to be set aside was not obtained by misrepresentation or fraud, but that it failed to provide the terms of payment, and for that reason could not be specifically enforced. Judgment was ordered in favor of the interveners.
Judgment affirmed.