Windschitl v. Windschitl

579 N.W.2d 499, 1998 Minn. App. LEXIS 697, 1998 WL 312666
CourtCourt of Appeals of Minnesota
DecidedJune 16, 1998
DocketCX-97-2184
StatusPublished
Cited by2 cases

This text of 579 N.W.2d 499 (Windschitl v. Windschitl) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Windschitl v. Windschitl, 579 N.W.2d 499, 1998 Minn. App. LEXIS 697, 1998 WL 312666 (Mich. Ct. App. 1998).

Opinion

OPINION

PETERSON, Judge.

Respondent Harold Windschitl brought this action against appellants Ervin J. Wind-schitl and Barbara A. Windschitl, seeking to recover money owed to him under a contract. Based on the trial court’s conclusion that the statute of limitations did not bar any part of respondent’s claim, judgment was entered in favor of respondent. We affirm in part and reverse in part.

FACTS

On December 4, 1975, appellants Ervin J. Windschitl and Barbara A. Windschitl entered into a contract for deed to purchase a farm from Ervin Windschitl’s parents. The contract for deed provided for payment of the $32,000 purchase price as follows:

Four Thousand Dollars ($4,000.00) on December 15, 1975, and the balance of Twenty-eight Thousand Dollars ($28,-000.00) payable at the rate of Two Thousand Dollars ($2,000.00) per year with the first payment of Two Thousand Dollars ($2,000.00) due on March 1, 1976 and each March 1st thereafter until paid in full. If not paid sooner, the contract balance becomes due and payable on March 1, 1990.
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In the event second parties are unable to meet their payment in any year, they may pay only interest for that year and make a double principal payment the following year. However, the entire contract becomes due and payable on March 1, 1990, if not paid sooner.

The parents assigned the right to the principal payments under the contract for deed to Lorraine Roiger and respondent Harold Windschitl in equal amounts.

In February 1976, appellants sent respondent two cheeks, one for $2,000 and one for *501 $1,000. Thereafter, every year in February or March, from 1977 through 1982, appellants sent respondent a payment. Respondent refused to accept any of the payments sent from 1976 through 1982, and they were all returned to appellants.

In April 1982, appellants executed an agreement that provided:

[Appellants] agree to comply with the balance due on the contract for deed and agree to pay the balance of $24,000.00 as follows:
$ 8,000.00 to Lorraine Roiger
$16,000.00 to [respondent]
Such payment is to be according to the terms and conditions of that contract for deed, dated December 4,1975.

Thereafter, every year in March, from 1983 through 1987, appellants sent respondent a payment, but respondent refused to accept any of the payments. 1 In March 1988, respondent accepted a $1,000 payment from appellants, and in February 1989, respondent accepted a $1,080 payment from appellants. 2 In 1990, appellants tendered a $1,040 cheek to respondent as payment in full for the farm, but respondent refused to accept it.

On February 28, 1992, respondent began this action against appellants, seeking judgment in the amount of $14,000 plus any unpaid interest under the 1982 agreement, prejudgment interest, postjudgment interest, and costs and disbursements. 3 Appellants asserted a statute of limitations defense as to all payments that became due under the contract for deed more than six years before the action was brought. The trial court concluded that the statute of limitations did not bar any part of respondent’s claim, and judgment was entered in favor of respondent in the amount of $14,000 plus costs and disbursements. Respondent does not challenge the trial court’s conclusion that his refusal of the payments tendered by appellants precluded any claim for interest.

ISSUE

Did the trial court err in concluding that the statute of limitations did not bar any part of respondent’s claim?

ANALYSIS

A six-year statute of limitations applies to this contract action. Minn.Stat. § 541.05, subd. 1(1) (1996) (action upon a contract).

Where a money obligation is payable in installments, the general rule is that a separate cause of action arises on each installment and the statute of limitations begins to run against each installment when it becomes due.

Honn v. National Computer Sys., Inc., 311 N.W.2d 1, 2 (Minn.1981). The general rule applies when the contract contains a final “balloon payment” provision. Id. at 3.

The trial court concluded that the general rule stated in Honn was inapplicable to this case because, in tendering each payment, appellants acknowledged the debt owed to respondent under the contract for deed. An acknowledgment of a debt tolls the statute of limitations on the debt and starts it running anew on the date of the acknowledgment. Reconstruction Fin. Corp. v. Osven, 207 Minn. 146, 148-49, 290 N.W. 230, 231 (1940). A partial payment of a debt is an acknowledgment of the existence of the debt. Troup v. Rozman, 286 Minn. 88, 90, 174 N.W.2d 694, 696 (1970); Bernloehr v. Fredrickson, 213 Minn. 505, 507, 7 N.W.2d 328, 329 (1942). For purposes of acknowledgment, tender of payment that is not accepted by the creditor has the same effect as a payment. In re Maniatakis’ Estate, 258 Pa. 11, 101 A. 920, 922 (1917); 51 Am.Jur.2d Limitation of Actions § 373 (1970). Tender *502 of payment, therefore, constitutes an acknowledgment of the debt that tolls the statute of limitations and starts it running anew on the date payment is tendered.

Respondent argues that in tendering each payment, appellants acknowledged the entire amount owed to him under the contract for deed and the 1982 agreement. Troup and Bemloehr state that a partial payment constitutes an acknowledgment of the balance owed on a debt. Troup, 286 Minn, at 90,174 N.W.2d at 696; Bernloehr, 213 Minn, at 507, 7 N.W.2d at 329. Neither Troup nor Bem-loehr, however, involved an installment-payment contract.

Neither this court nor the supreme court has decided the precise issue presented by this case, whether tender of an installment payment when due tolls and starts running anew the statute of limitations on payments due earlier. Under Honn, a separate cause of action arises on each installment due, and each installment has its own limitations period. 311 N.W.2d at 2. Holding that tender of an installment payment when due restarts the running of the limitations period on payments due earlier would conflict with the rule that each installment has its own limitations period. We, therefore, conclude that tender of an installment payment when due does not restart the statute of limitations on payments due earlier.

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Bluebook (online)
579 N.W.2d 499, 1998 Minn. App. LEXIS 697, 1998 WL 312666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windschitl-v-windschitl-minnctapp-1998.