Cited by

Humphrey v. Sievers, 137 Minn. 373 , ; Townsend v. Jahr, 147 Minn. 30 , ; Dawson v. Thuet Bros. 147 Minn. 429 , .” In the instant case, it appears that plaintiff at least made an offer to rescind the contract, which was declined by defendants.

Humphrey v. Sievers, 137 Minn. 373 , ; Forsberg v. Baker, 211 Minn. 59 , .

Dawson v. Thuet Brothers, 147 Minn. 429 , ; Humphrey v. Sievers, 137 Minn. 373 , ; Doyen v. Bauer, 211 Minn. 140, 148 , .

The only case cited in support of this contention is Humphrey v. Sievers, 137 Minn. 373, 376 , ; but that case states and cites prior decisions of this court to the effect that where a vendee “has performed the contract, in whole or in part, before discovering the falsity of the representations, he may affirm the contract and bring his action for damages for the deceit.” See also Osbor

Humphrey v. Sievers, 137 Minn. *106 373, ; Tysdal v. Bergh, 142 Minn. 288 , ; Moe v. Shaffer, 150 Minn. 114 , , 18 A. L. R. 1194; Farmers State Bank v. Miller, 168 Minn. 199 , .

The case of Humphrey v. Sievers, 137 Minn. 373 , , cited by defendants, does not sustain this claim.

Where the contract is wholly executory when the fraud is discovered, the defrauded party may waive the fraud and lose his right to damages by performing his part of the contract, Humphrey v. Sievers, 137 Minn. 373 , , and cases cited, but this is not such a case.

Humphrey v. Sievers, 137 Minn. 373 , .

Humphrey v. Sievers, 137 Minn. 373 (376), .

Humphrey v. Sievers, 137 Minn. 373 , ; Townsend v. Jahr, 147 Minn. 30 , ; Dawson v. Thuet Bros. 147 Minn. 429 , .

Humphrey v. Sievers, 137 Minn. 373 , ; Dawson v. Thuet Bros. 147 Minn. 429 , .

Wagner v. Magee, 130 Minn. 162 , ; The Encyclopedia Press, Inc. v. Harris, 140 Minn. 145 , ; Stearns v. Kennedy, 94 Minn. 439 , ; Humphrey v. Sievers, 137 Minn. 373 , ; Townsend v. Jahr, 147 Minn. 30 , .

If he does so he waives the fraud.” Humphrey v. Sievers, 137 Minn. 373 , ; Tysdal v. Bergh, 142 Minn. 288 , .

Humphrey v. Sievers, 137 Minn. 373 , ; Townsend v. Jahr, 147 Minn. 30 , ; Dawson v. Thuet Bros. 147 Minn. 429 , .

Humphrey v. Sievers, 137 Minn. 373 , .

*245 Stearns v. Kennedy, 94 Minn. 439 , ; Ritko v. Grove, 102 Minn. 312 , ; Humphrey v. Sievers, 137 Minn. 373 ; ; Townsend v. Jahr, 147 Minn. 30 , , all relate to sales or exchanges of land, where neither the occupancy nor payment of part of the purchase price resembles the occupancy, and rents paid under a lease, in that the latter lends itself to severance so as to award just compensation for the

Humphrey v. Sievers, 137 Minn. 373 , .

Humphrey v. Sievers, 137 Minn. 373 , 163 N W. 737, is different from this case in its facts and did not involve damages to accrue from future performance of the fraudulent contract.

In Humphrey v. Sievers, 137 Minn. 373 , , it was said that one induced by fraud to purchase land waives the fraud, if, after discovering it, he enters into a new agreement or engagement respecting the transaction.