Lehman v. Coulter
North Dakota Supreme Court
Appeal from the judgment of the District Court of Stark County, Honorable W. C. Crawford, Judge.
1DissentChristianson, J.
I am unable to concur in the majority opinion prepared by Mr. Justice Grace.
The instant ease is one to foreclose a mortgage. The defendant in his answer admits the cause of action alleged in the complaint, and sets up two counterclaims for commissions claimed to be due him for services performed in selling certain horses belonging to the plaintiff.
It is conceded that the cause of action set forth in the complaint, is one properly triable to the court without a jury. But it is asserted that, inasmuch as the cause of action set forth in the complaint was admitted in the answer, there remained…
Also in this document: Per curiam.
2Cases cited7 opinions
- Brower v. NellisIndiana Court of Appeals · 1893
- Johnson Service Co. v. KruseSupreme Court of Minnesota · 1913
- Gresens v. MartinNorth Dakota Supreme Court · 1914
- Avery Manufacturing Co. v. CrumbNorth Dakota Supreme Court · 1905
- Black v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1897
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