Page:North Dakota Reports (vol. 48).pdf/695

 “Maddock, N. D., July 26, 1917.

“It is hereby agreed by and between Karoline Nasset and John Nasset and Charles H. Houska of Bisbee, N. D., that the said Karoline Nasset and John Nasset hereby authorize the said Charles H. Houska of Bisbee to sell the land belonging to Karoline Nasset which falls to her as heir of Ole Nasset, deceased, and described as follows: S. W. %4 of section 10, township 159, range 69, Rolette county, consisting of 160 acres, for the sum of $5,800.00. This power to last for 60 days and is irrevocable. Said Karoline Nasset to furnish good title to said land. The said Karoline Nasset to furnish abstract.

“John Nasset.

“Karoline Nasset,

“Charles H. Houska.

"Witness: ..................."

Houska sold the land to Martin for $5,800, who paid $1,200 in cash, leaving a balance of $4,600, which remained unpaid until February, 1919, when the defendants tendered Houska’s check in the sum of $4,378.85 on condition that the plaintiff delivered a warranty deed of the premises.

The final decree of distribution of the estate was entered on October i2, 1918. It distributed the land in accordance with the terms of the agreement between them. In tendering what defendants claimed to be the balance they allowed 6 per cent. interest on $4,600 for 214 months, or $57.50. This, added to the $4,600, gives us $4,657.50. They deducted $278.65 for inheritance, recording, and attorney’s fees and other expenses, and tendered the check of Houska in the amount above named, after deducting from $4,657.50, $278.65.

The principal question presented is whether the plaintiff is entitled to interest on the part of the purchase price remaining unpaid from the time of the sale to the time when it is paid, or whether she is entitled to interest only from the time of the entry of the final decree of distribution. We think it must be conceded that shortly after the sale the defendant Martin went into possession of the land, and has since cropped and cultivated the same, and has had the use and benefit of all such crops. In these circumstances we are of the opinion that he is chargeable with interest at the rate of 6 per cent. from the time of the sale on the sum remaining unpaid. Warvelle on Vendors, § 180; Pills-