Glein v. Miller
North Dakota Supreme Court
'Appeal from the District Court of Ward County, Leighton> J. “The weight of authority supports the view that an action of unlawful detainer does not lie against a vendee in possession under a contract of purchase.” 11 R. O. L. 1143; Linder v. Warnock, 91 Kan. 272, 137 Pac. 962, Ann. Cas. 1915C, 315, and note. “An action of unlawful detainer cannot be brought against one claiming the premises in question under a contract to purchase.” 13 Am. & Eng. Cyc.
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'Appeal from the District Court of Ward County, Leighton> J. “The weight of authority supports the view that an action of unlawful detainer does not lie against a vendee in possession under a contract of purchase.” 11 R. O. L. 1143; Linder v. Warnock, 91 Kan. 272, 137 Pac. 962, Ann. Cas. 1915C, 315, and note. “An action of unlawful detainer cannot be brought against one claiming the premises in question under a contract to purchase.” 13 Am. & Eng. Cyc. Law, 2d ed. 767; Chicago Co. v. Skupa, 16 Neb. 341, 20 N. W. 393; Alderman v. Biekan, 25 Kan. 658; Mason v. Delaney, 44 Ark. 444; Keller v.…
1Opinion of the CourtBirdzell, J.
This is an appeal from an order denying a motion to dismiss receivership and contempt proceedings which was entered after a hearing upon an order to show cause why the defendant and appellant should not be punished for contempt. The facts necessary to an understanding of the case are as follows: On January 3, 1916, *4one John Stammen. entered into a contract with the defendant to sell to her certain property in the city of Minot for a consideration, as expressed, of “$7,000 and other valuable considerations,” payable $1,000 in cash, $500 on the 3d days of January, 1917, 1918, and 1919,…
2Cases cited1 opinion
- Grandin v. LaBarNorth Dakota Supreme Court · 1891
3Cited by7 opinions
- Hodous v. HodousNorth Dakota Supreme Court · 1949
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- Gunsch v. GunschNorth Dakota Supreme Court · 1954
- PHI Financial Services, Inc. v. Johnston Law Office, P.C.North Dakota Supreme Court · 2016
- Kelsch v. DicksonNorth Dakota Supreme Court · 1941
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