132 Minn. 346 | Minn. | 1916
Action to enforce the specific performance of a contract to convey certain farm lands in Marshall county. The court found that the contract was mutually abandoned and denied the plaintiff relief. He appeals from the order denying his motion for a new trial.
The contract was made on September 3, 1912. The consideration was $6,500. The plaintiff paid one dollar in cash. The sum of $499 was payable on November 1, 1912; $400 on March 1, 1913; $1,000 on March
The letters mentioned permit no other view than that the plaintiff had abandoned his rights under the contract of September 3, 1912. Not one suggests a right in the plaintiff under the old contract nor its continued existence. They refer to a new contract.
The plaintiff did not object to the defendant’s taking the crops in 1913, or at least the evidence justifies a finding that he did not, and the evidence justifies a finding that he acquiesced in the defendant’s possession throughout 1913. His activities in the spring of 1914 in buying seed grain, and in putting in improvements of some small value, were after he had commenced this action. The defendant acquiesced in the abandonment of the premises which was at least as early as some time in 1913. He elected to accept the abandonment. The evidence supports the finding of mutual abandonment. It is quite clear that if the defendant had sued the plaintiff for the unpaid purchase price at the time the plaintiff commenced the action for specific performance, and the plaintiff had defended upon the ground of mutual abandonment, and the evidence were that which is now before us, a finding that there was a mutual abandonment which prevented a recovery of the purchase price would be sustained; and if so a like finding, defeating specific performance, is sustained.
Order affirmed.