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Northwest Hotel Corporation and Another V.

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eBook details

  • Title: Northwest Hotel Corporation and Another V.
  • Author : Supreme Court of Minnesota
  • Release Date : January 18, 1959
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

This appeal is from the conditional order of a district court temporarily enjoining the respondents from serving on the appellants
notice of cancellation of their contract for deed pending the outcome of this litigation in that court. Appellants contend
that the conditions imposed in the order constitute an abuse of the trial judge's discretion. The facts concerning the underlying issues in this case are complicated and involved. Much of the material contained in the
voluminous pleadings and affidavits relates to the merits of those issues and is not material for a consideration of this
appeal. The dispute grows out of a contract for deed for the sale of the Crookston Hotel by respondents to appellants, which
contract was entered into in October 1956. The parties agreed to a price of $125,000, which was to be paid in monthly installments
of $800 each. These installments were paid up through April 1959, at which time appellants had paid approximately $64,000
on the purchase price. It is alleged that at about that time appellants obtained information leading them to believe that
they had been induced to enter into the contract through fraudulent misrepresentations by the respondents. They then ceased
to pay installments due under the contract for deed, taxes on the property, or insurance premiums on policies covering the
hotel property. They also started the action now pending before the district court seeking either rescission of the contract
or damages and other relief. To prevent the respondents from canceling the contract due to their failure to pay further installments,
appellants sought a temporary injunction to prevent respondents from serving a notice of cancellation of the contract for
deed pendente lite. This motion was granted subject to certain conditions. The appellants were required either to file --


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