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(DOWNLOAD) "Ratner v. Hill. Hill v. Ratner" by Supreme Court of Minnesota ~ eBook PDF Kindle ePub Free

Ratner v. Hill. Hill v. Ratner

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eBook details

  • Title: Ratner v. Hill. Hill v. Ratner
  • Author : Supreme Court of Minnesota
  • Release Date : January 30, 1930
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

RUGG, C. J. The parties hereto entered into an agreement in writing and under seal, whereby Hill agreed to sell and Ratner to buy a parcel of land. The agreement contained the following provisions: Said premises are to be conveyed on or before January 25, 1927, by a good and sufficient quitclaim deed, conveying a good and clear title to the same, free from all incumbrances, except a mortgage in the amount of thirty thousand ($30,000) dollars and expiring in or within one year from date of passing papers, and to a lease, copy of which is hereto annexed. * * * The afore-described mortgage of thirty thousand ($30,00) dollars shall contain a provision which will permit the equity owner to demolish the buildings on the premises and to build in place thereof a brick block. At the time and place stipulated in the agreement for its performance attorneys representing each party were present. The attorney for Hill tendered a deed purporting to be in full performance of his obligations under the agreement. Accpetance was refused by Ratner because it purported to convey the land subject to a mortgage for $30,000 which bore interest at the rate of six per cent. These cases were submitted to the Superior Court on an agreed statement of facts. Therein is this stipulation: It is agreed that the only question before the Court is this question of law, viz.: Whether or not the tender of a deed by Hill, acceptance of which by Ratner would result in said Ratners acquiring the property subject to a mortgage which required the payment of interest at six (6%) per centum per annum in addition to the payment of the principal, was a sufficient tender under the terms of the agreement in which the only reference to the mortgage contained no statement that the mortgage required payment of interest. A finding was made in each case in favor of Hill. Appeals by Ratner bring the cases here.


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