Shellburg v. Wilton Bank
North Dakota Supreme Court
Actions on certificates of deposit. Appeal from District Court, Burleigh County, Honorable W. L. Nuessle, Judge. Performance of consideration by living with a person during his life will not take an oral agreement therefor out of the Statute of Frauds. Austin v. Davis, 128 Ind. 472, 12 L.R.A. 120; Wallace v; Long, 105 Ind. 522, 55 Am.
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Actions on certificates of deposit. Appeal from District Court, Burleigh County, Honorable W. L. Nuessle, Judge. Performance of consideration by living with a person during his life will not take an oral agreement therefor out of the Statute of Frauds. Austin v. Davis, 128 Ind. 472, 12 L.R.A. 120; Wallace v; Long, 105 Ind. 522, 55 Am. Rep. 222; Bender v. Bender, 37 Pa. 419; Gorham v. Dodge, 122 Ind. 1; Pond v. Sheehan, 132 111, 312, 8 L.R.A. 414; Moore v. Small, 19 Pa. 461; Crabell v. Marsh, 38 Ohio St. 331; Mauck v. Melton, 64 Inch 414; Ham v. Goodrich, 37 N. H. 185; Smith v. Smith, 28 N. J.…
1ConcurrenceBirdzell, J.
I concur in the result. As I view the ease there was competent evidence tending to establish a contract as to Larsson. Shellberg is the only person that could object to the competency of Mrs. Anderson’s testimony, and he does not object for obvious reasons. However, I am of the opinion that the evidence fails to establish the terms of the contract with sufficient clearness, and that, if a contract existed, there was an entire failure of consideration. Certainly there is no evidence from which it can reasonably be inferred that Shell-berg was to support Larsson while they remained at…
2Cases cited3 opinions
- Meshbesher v. Channellene Oil & Manufacturing Co.Supreme Court of Minnesota · 1909
- Hughes v. MeehanSupreme Court of Minnesota · 1901
- Noble v. Great Northern Railway Co.Supreme Court of Minnesota · 1903