Weber v. Bader
North Dakota Supreme Court
Appeal from the District Court of McIntosh County, Honorable A. T. Gole, Special Judge. From an order sustaining a demurrer to complaint, plaintiffs appeal. •Where the lessors of each quarter of land were holding their right, title, and interest in the premises so used in trust for the benefit of the Joint enterprise, same constituted a partnership. Comp. Laws 1913, § 6386; Kayser v. Maughan, 8 Colo. 232; See notes in 115 Am. St. Rep. 4-00, and 43 Am.
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Appeal from the District Court of McIntosh County, Honorable A. T. Gole, Special Judge. From an order sustaining a demurrer to complaint, plaintiffs appeal. •Where the lessors of each quarter of land were holding their right, title, and interest in the premises so used in trust for the benefit of the Joint enterprise, same constituted a partnership. Comp. Laws 1913, § 6386; Kayser v. Maughan, 8 Colo. 232; See notes in 115 Am. St. Rep. 4-00, and 43 Am. St. Rep. 429. Where a party purchases common property put up at a trust deed sale under an express agreement to hold the legal title for the…
1Opinion of the CourtBobinson, J.
This is an appeal from an order sustaining a demurrer to the complaint. It avers that in February, 1918, the plaintiffs were jointly, with others, engaged in the business of pasturing .stock for themselves and others and in the joint possession of a half section of school land which they held under a lease from the state, with improvements worth $400; that as the half section was about to he exposed for sale at public auction the parties agreed among themselves that some one of their number should purchase the same in his name for the use and benefit of all the plaintiffs and the defendant…
2Cases cited1 opinion
- Schmidt v. BeisekerNorth Dakota Supreme Court · 1905
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- Fox v. FoxNorth Dakota Supreme Court · 1928
- Syrup v. PitcherNorth Dakota Supreme Court · 1955