George N. Rasmusson v. Fred J

Plaintiff brought this action to enforce specific performance of a certain contract for the sale of land by the plaintiff to the defendant. The defendant admits that he purchased the land from the plaintiff under a written contract as alleged in the complaint, and he alleges that he is ready, willing and able to perform the terms thereof by paying the balance of the purchase price and will do so upon plaintiff's delivery to him of a merchantable title; but he asserts that plaintiff is not in position to convey such title. The case was submitted upon a stipulated statement of facts. The trial court found the facts to be as stipulated; and from such facts drew the Conclusion of law that the plaintiff was able, ready and willing to convey a good and merchantable title, and had tendered such title in accordance with the terms of the contract. The defendant has appealed and demands a trial anew in this court. The facts, as stipulated, are as follows: Plaintiff is the duly appointed and acting trustee and grantee under a certain trust deed, made, executed and delivered by Nels P. Rasmusson and Mary E. Rasmusson, his wife, on the 27th day of November, A.D. 1908, and which said trust deed was duly filed for record in the office of the Register of Deeds in and for the County of Stark, State of North Dakota, on the 12th day of June, A.D. 1909, at 11:00 o'clock A.M., and recorded in Book 31 of Deeds on page 538. (The original deed was attached to and made part of the stipulation of facts.) The grantors in said trust deed, that is Nels P. Rasmusson and Mary E. Rasmusson, his wife, were the father and mother of the plaintiff, George N. Rasmusson, Trustee, and at the time of the conveyance under said trust deed as hereinbefore stated, the said Nels P. Rasmusson was the owner and holder of the legal title of the real estate therein conveyed.