Collins Truck Lines v. Metro. Waste Control
Decision Date | 05 January 1979 |
Docket Number | No. 48222,48605.,48222 |
Citation | 274 NW 2d 123 |
Parties | COLLINS TRUCK LINES, INC., et al., Appellants, v. METROPOLITAN WASTE CONTROL COMMISSION, Respondent. |
Court | Minnesota Supreme Court |
Rosen, Kaplan & Ballenthin and James E. Ballenthin, St. Paul, for appellants.
Robert A. Hillstrom and Bradley J. Martinson, Minneapolis, for respondent.
Heard before PETERSON, YETKA and WAHL, JJ., and considered and decided by the court en banc.
Consolidated appeals from the judgment of the district court, Tenth Judicial District, denying plaintiffs' action for declaratory judgment and from the district court's order denying plaintiffs' motions for an order amending the district court's prior order and for findings of fact and conclusions of law. The issues before this court concern the district court's determination that, under the provisions of a 1964 purchase agreement, plaintiffs are not entitled to repurchase certain real property and have no right to prevent termination of their leasehold interest. We affirm.
Plaintiffs' predecessors in interest, Dorothy and Everett Collins, owned approximately 5.3 acres in Anoka County. In 1964, the North Suburban Sanitary Sewer District (hereinafter NSSSD) entered negotiations with the Collinses for the purchase of the property. At issue was the right of repurchase demanded by Everett Collins in the event the property should not be used for public purposes. NSSSD was not willing to agree to a perpetual right of repurchase but finally agreed to a 15-year right of repurchase and continued possession by the Collinses on a month-to-month basis.
Dorothy and Everett Collins sold the property to NSSSD for $43,000 under the terms of a purchase agreement dated August 25, 1964. The following conditions appeared in the purchase agreement.
The property was conveyed to the North Suburban Sanitary Sewer District by warranty deed on September 29, 1964. The above conditions were not recited in the deed.
In 1975, Dorothy Collins, then a widow, assigned and quit claimed her interest in the lease and arising from the purchase agreement to plaintiff Collins Truck Line, Inc.
Defendant Metropolitan Waste Control Commission, NSSSD's successor, served plaintiffs with Notices to Quit on April 30, 1975, September 3, 1975, and April 22, 1976. However, the lease arrangement apparently continued through August of 1975.
This action, commenced on October 3, 1975, sought a declaratory judgment of the rights arising from the purchase agreement and separately alleged mistake and breach of contract. The matter was tried before the district court without a jury on March 14, 1977. Plaintiffs presented no evidence in support...
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