Short v. Van Dyke
| Decision Date | 27 June 1892 |
| Citation | 52 N.W. 643,50 Minn. 286 |
| Parties | Andrew J. Short et al. v. Wilson J. Van Dyke et al |
| Court | Minnesota Supreme Court |
Appeal by defendant, Wilson J. Van Dyke, from an order of the District Court of Washington County, Williston, J., made December 10, 1891, denying his motion for a new trial.
Action by plaintiffs, Andrew J. Short, and Elizabeth Cover commenced October 26, 1886, for an accounting, and for specific performance of a contract, made by defendant Wilson J. Van Dyke, January 23, 1874, with said Short. It was alleged that Short had assigned one-half of his interest in the contract to his coplaintiff. The wife of Van Dyke was also made defendant in the action. The following is a copy of the contract and of the indorsements thereon.
CONTRACT.
For, and in consideration of the numbers, watching and seeing if there is any trespass committed on the within described lands, during the term of three years, unless sooner paid by A. J. Short, W. J. Van Dyke agrees to quitclaim one equal undivided one-half interest to the within described lands, if Andrew J. Short shall pay to W. J. Van Dyke, one-half of nine thousand four hundred and ninety-eight dollars and twenty-one cents ($ 9,498.21,) that being the costs and expenses paid by said W. J. Van Dyke to secure the within lands, if paid within three years from date of entry of said lands, as shown on the within described lands, and pay said Van Dyke all claims and notes he has against said Short, as per terms of said notes, and for all advances, either in book account or otherwise now made, or that may be made during the term of three years. And it is agreed said Van Dyke may sell lands or stumpage, at any time, and in case any money shall be realized from said lands or timber, the half shall apply on payment of said lands, before the term of three years, and at the time such moneys are received. And it is also agreed that the contract given, for one equal undivided half of a section of land, preempted, as shown by said contract, given to Daggett & Bellins, which section, said Short has a fourth interest, instead of a half, as the other lands shall not be paid, the said Short agrees to assume one half of said contract, and pay to said Van Dyke, as per terms of said contract, if Van Dyke so requests him to do, and when so paid, said Short has one-half interest, same as all the other lands.
Dated at Hastings this 23d day of Jan., A. D. 1874.
W. J. Van Dyke.
A. J. Short.
ENDORSEMENTS.
Description of lands located by A. J. Short and entered on joint account by W. J. Van Dyke, Taylor's Falls, office, June 18, 1873.
(Here follow descriptions of about 4,800 acres of pine timber land.)
April 18 -- '76. I hereby extend the within contract one year from maturity, to said Short, paying interest on the amount due, at the rate of twelve per cent. per annum, and his share of all the back and future tax.
W. Van Dyke.
A. J. Short.
Order reversed.
Little & Nunn and M. B. Koon, for appellant.
Searles & Gail, for respondents.
The decision of this case will necessarily depend on the interpretation of the contract on which the action is brought. If it is merely a contract to convey, the cause of action was undoubtedly barred by the statute of limitations before the action was brought. The right to bring an action for specific perform ance -- and, if the contract is only one for conveyance, this is such an action -- accrued and the action might have been brought as...
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