GILLES v. SPROUT

No. 43134.

196 N.W.2d 612 (1972)

Edward L. GILLES, Appellant, v. Leland C. SPROUT et al., Respondents.

Supreme Court of Minnesota.

March 31, 1972.


Attorney(s) appearing for the Case

Bentley & Christianson, Red Wing, for appellant.

Dingle, Krieger & Patterson, Rochester, for respondents.


ROGOSHESKE, Justice.

This is an equitable action for specific performance of an executory contract for the sale and purchase of real estate. The appeal is from a post-trial order denying relief to plaintiff-vendee. The trial court determined on stipulated facts that plaintiff-vendee, in possession of real estate under an executory sales contract which was silent with respect to the obligation of insurance, was not entitled to have credited in satisfaction of the balance...

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