Von Gordon v. Goldamer
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J. Action by Boyd Van Gordon against Frank Goldamer and L. D. Baird. Judgment for plaintiff.' Defendants appeal. Proof upon which the reformation of an instrument is sought must be clear and convincing. Merchant v. Pielke, 9 N. D. 182, 82 N. W. 878; Benson v. Markoe, 37 Minn. 30; Clute v. Frazier, 12 N. W. 327; Jasper v. Hazen, 4 N. D. 1; 2 Pom. Jur., section 859. One seeking to reform a contract must act properly.
Read the full summary
Appeal from District Court, Nelson county; Fisk, J. Action by Boyd Van Gordon against Frank Goldamer and L. D. Baird. Judgment for plaintiff.' Defendants appeal. Proof upon which the reformation of an instrument is sought must be clear and convincing. Merchant v. Pielke, 9 N. D. 182, 82 N. W. 878; Benson v. Markoe, 37 Minn. 30; Clute v. Frazier, 12 N. W. 327; Jasper v. Hazen, 4 N. D. 1; 2 Pom. Jur., section 859. One seeking to reform a contract must act properly. Sharpe . v. Behr, 117 Fed. 864, 868; Citizens Nat. Bank v. Judy, 43 N. E. 259; Barfield v. Price, 40 Cal. 535. Possession may…
1Opinion of the CourtSpalding, J.
This action was commenced for the reformation of a contract under which the plaintiff farmed a large amount of land in Nelson county, during the years 1903, 1904 and 1905, belonging to the defendant Baird, but now owned by the defendant Goldamer. Plaintiff also asked for the -appointment of a receiver to take charge of the 1905 crop. It was asked that the contract be reformed by striking out certain portion by which title to the whole crop raised was retained by the owner of the land until a division thereof and as security for all advances and indebtedness of the tenant to the landlord.
It…
2Cases cited9 opinions
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Toy v. HaskellCalifornia Supreme Court · 1900
- Dresser v. WoodSupreme Court of Kansas · 1875
- Paulson v. LysonNorth Dakota Supreme Court · 1903
- Ross v. PageNorth Dakota Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Poirier Manufacturing Co. v. KittsNorth Dakota Supreme Court · 1909
- State Bank v. Hurley Farmers Elevator Co.North Dakota Supreme Court · 1916
- State ex rel. Viking Township v. MikkelsonNorth Dakota Supreme Court · 1912
- Hanson v. FranklinNorth Dakota Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.