Hilton v. Nelsen

Nelsen agreed to sell his 720-acre farm to Hilton for $180,000 under a ten-year mortgage requiring no principal repayment for five years, only minimal principal payments for years six through nine, and a large balloon payment of $119,800 at maturity, while Hilton's performance was conditioned on obtaining title insurance with no exceptions, even though the property carried unremovable easements for roads, telephone cables, and state mineral rights; Nelsen negotiated without an attorney, relying on Hilton's own attorney to explain terms. Hilton initially refused to close without a price reduction, later agreed to close anyway, but Nelsen then refused to sell, and Hilton sued for specific performance, which the trial court granted along with damages for rental value; Nelsen appealed.