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Abstract

Defendant contracted to buy land from plaintiff for $2500. He was to have the right to immediate possession when the balance due was reduced to $1000, but he took possession at once, apparently without objection from plaintiff. A year later, the payments made totalling only $150, plaintiff sued for the unpaid balance, and for rent for the year. Held, he was entitled to both. Prouty v. Tupper (S. D. I93I) 236 N.W. 303.

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