Benson v. Larson
| Decision Date | 14 July 1905 |
| Docket Number | 14,386 - (152) |
| Citation | 104 N.W. 307,95 Minn. 438 |
| Parties | BEN BENSON v. M. L. LARSON |
| Court | Minnesota Supreme Court |
Action in the district court for Martin county to recover from defendant $348 upon an account stated. After issue was joined the parties entered into the agreement of settlement set out in the opinion. Thereafter plaintiff filed a supplemental complaint, seeking to recover $500 and interest which he alleged was due under the agreement. The case was tried before Quinn, J., who, after submitting certain questions to a jury, found in favor of defendant for $467.96 upon the counterclaims set up in his answer to the original complaint. From an order denying a motion for a new trial, plaintiff appealed. Affirmed.
Compromise and Settlement.
A certain agreement purporting to settle and adjust matters of difference between the parties construed, and held to constitute one entire contract; that the engagements thereby entered into by the parties were mutual and reciprocal, and a refusal of performance by plaintiff gave defendant the right to rescind, and declare the agreement wholly at an end.
C. M O'Neill, for appellant.
Albert R. Allen and De Forrest Ward, for respondent.
Plaintiff owned a farm in Martin county, which he leased to defendant for a term of years. The lease was in the form of an ordinary farm contract, and provided for a division of crops raised on the land, and also for a division of stock upon the terms therein mentioned. A controversy arose in reference to rights growing out of the contract and plaintiff brought this action to recover an amount alleged to have been found due him upon a settlement had between the parties. Defendant answered, denying the alleged settlement, and setting up ten distinct counterclaims against plaintiff upon which he demanded an affirmative judgment. Thereafter the parties entered into a full settlement of all their differences, including plaintiff's alleged cause of action and the subject-matter of the counterclaims set up in defendant's answer. This settlement, which is undisputed, was in writing, and in the following language:
Sherburn, Minn., December 24, 1903.
This agreement made and entered into this day by and between M. L. Larson of the first part and Ben Benson of the second part -- Whereby, an accounting had and made between said parties it is this day agreed that there is due from said M. L. Larson to said Ben Benson the sum of Five Hundred Dollars ($500.00) which said Larson agrees to pay or secure to said Benson by either payment in cash or Bankable Note due in not more than ninety days, and it is further settled and agreed by said parties that said Larson is to divide the stock on Benson farm, by first setting apart as the property of Benson Twenty (20) cows, and that the balance of 58 head shall be divided by each selecting one alternately until all are divided. That the Hogs of said farm shall be divided by first setting apart Ten (10) Brood Sows as the property of Benson and that the balance of forty (40) head shall be divided by each selecting one alternately and Larson also to set out one Boar as property of Benson and that this settlement and division shall be and constitute a full and complete settlement of all accounts between them to date except grain and crops raised in 1903 which shall be divided according to farm lease between the parties.
In Witness Whereof both parties have hereunto set their hands this 24th day of December, 1903.
In presence of
Peter P. Peterson, S.D. O'Neill.
M. L. Larson, Ben Benson.
Addendum.
It is also further agreed, that in the event Larson cannot procure Signer to make his Note Bankable, he will make, execute and deliver his note to Benson for $500.00 with eight per cent interest together with a chattel mortgage on his interest in all stock on farm to secure same and on his share of crops for 1904 on said farm, but no stock to be...
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