New opinions: Sept. 2
Hartman, et al. v. Grager 2021 ND 160 Docket No.: 20200205 Filing Date: 9/2/2021 Case Type: OTHER (Civil) Author: Jensen, Jon J.
Highlight: Before a court may set aside a transaction on the ground of mental incapacity, the party attacking the validity of the transaction has the burden to prove the grantor, at the time of the transaction, was so weak mentally as not to be able to comprehend and understand the nature and effect of the transaction.
An agreement for the sale of real property must show who the contracting parties are, intelligently identify the subject matter involved, express the consideration, and disclose the terms and conditions upon which the contract is entered into. All things that in law or usage are considered as incidental to a contract or as necessary to carry it into effect are implied therefrom, unless some of them are mentioned expressly therein.
A valid inter vivos gift requires: (1) an intention by the donor to then and there give the property to the donee, coupled with an actual or constructive (2) delivery of the property to the donee, and (3) acceptance of the property by the donee.
In an action for specific performance, a purchaser may recover damages from a seller for delay in conveying real property. The detriment caused by the wrongful occupation of real property is deemed to be the value of the use of the property for the time of occupation, which can be shown by either identifying the fruits of the illegal possession, or through fair rental value of the property.
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