Davis v. Bronson
North Dakota Supreme Court
PPEAL from district court, La Moure county; Hon. W. , S. Lauder, Judge. Action to recover upon a contract of subscription to the capital stock in a creamery company. Judgment for plaintiffs. Defendant appeals. ■ It was predjudicial error to admit secondary evidence of the contract. Anglo-American Packing Co. v. Connor, 31 Eed.
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PPEAL from district court, La Moure county; Hon. W. , S. Lauder, Judge. Action to recover upon a contract of subscription to the capital stock in a creamery company. Judgment for plaintiffs. Defendant appeals. ■ It was predjudicial error to admit secondary evidence of the contract. Anglo-American Packing Co. v. Connor, 31 Eed. Eep. 313; Post v. School District, 26 N. W. Eep. 911; Nelson v. Central Land Co., 29 N. W. Eep. 121; In re Assignment of Gazett, 29 N. W. Eep. 347; Sebree v. Dorr, 9 Wheat. 555; Myers v. Bealer, 46 N. W. Eep. 479. It was error for the court to refuse to submit the…
1Opinion of the Court
Tbe opinion of tbe court was delivered by
Corliss, C. J.
Tbe theory on which plaintiffs were allowed to recover against tbe appellant was that they bad fully performed on their part all tbe conditions of an agreement with appellant and others to erect and equip a creamery at La Moure, in this state. "We are compelled to reverse tbe judgment, because it appears that tbe plaintiffs were not justified in proceeding with tbe work under the contract for tbe purpose of charging tbe appellant with tbe full amount, which be and bis co-partner agreed to pay as their share of tbe contract price, as it is…
2Cases cited6 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864
- Moline Scale Co. v. BeedSupreme Court of Iowa · 1879
- Butler v. . ButlerNew York Court of Appeals · 1879
- Nebraska City v. Nebraska City Hydraulic Gas Light & Coke Co.Nebraska Supreme Court · 1879
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3Cited by23 opinions
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- Ault v. DustinTennessee Supreme Court · 1898
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