PALMER V. FOX 264 N.W. 361 (1936) CASE BRIEF

PALMER V. FOX

264 N.W. 361 (1936)

NATURE OF THE CASE: This was an action over the purchase price due on a land contract. Fox (D), vendee, appealed from a judgment, which found in favor of Palmer (P), vendor, in an action to recover the balance of the purchase price due on a land contract.

FACTS: Palmer (P) sold land to Fox (D) for a price of $1650 with a $247.50 down payment and the balance on monthly installments of $16.50 for five years with the entire amount to be paid before the five years. D made the initial payment and also made monthly payments up until 1931. The balance of the purchase price due was $709.32 by 1933 and P assigned the contract to his wife and she sued for the balance of the purchase price due in July 1933. D claims P failed to perform the covenants of the contract to make stated improvements and that P failed to tender a deed before commencement of the action. Evidence showed that certain provisions in the contract had not been performed but other improvements had been made. The court found for P and D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner


No comments:

Post a Comment