Pollak v. Roberts
North Dakota Supreme Court
From a judgment of the District Court of Kenville County, Leighton, J., plaintiff appeals. The maxim, “that is certain which can he made certain,” when applied to the contract in question, renders the description sufficiently certain. Schuyler v. Wheelon, 17 N. D. 161, 115 N. W. 259; Inglis v. Fohey, 116 N. W. 857. The contract as between the plaintiff and defendant in the case at bar was plain and clear.
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From a judgment of the District Court of Kenville County, Leighton, J., plaintiff appeals. The maxim, “that is certain which can he made certain,” when applied to the contract in question, renders the description sufficiently certain. Schuyler v. Wheelon, 17 N. D. 161, 115 N. W. 259; Inglis v. Fohey, 116 N. W. 857. The contract as between the plaintiff and defendant in the case at bar was plain and clear. Boehm v. Long, 172 N. W. 862. The law is, if a proposition is made by a letter it must be accepted unconditionally in order to make a contract. Harriman, Contr. §§ 156, 323; Flashier v.…
1Opinion of the Court
Christianson, Ch. J.
Plaintiff brought this action to enforce the specific performance of an alleged contract for the sale of real property. Upon a trial to the court without a jury, judgment went against the plaintiff, and he has appealed to, and demanded a trial de novo in, this court.
On February 14, 1919, defendant wrote plaintiff as follows:
*152Superior, Wisconsin. February 14th, 1919.
Adolf Poliak,
Donnybrook, North Dakota.
Dear Sir:—
It seems to me that farm of mine near you is worth Thirty-six Hundred Dollars. I will sell it for that price if taken within the next twenty days. I want at least…
2Cases cited3 opinions
- Beiseker v. AmbersonNorth Dakota Supreme Court · 1908
- Kvale v. KeaneNorth Dakota Supreme Court · 1918
- Carns v. PuffettNorth Dakota Supreme Court · 1920
3Cited by6 opinions
- Farmers Union Fidelity Insurance v. Farmers Union Co-operative InsuranceNebraska Supreme Court · 1947
- Syrup v. PitcherNorth Dakota Supreme Court · 1955
- Department of Banking v. StengerNebraska Supreme Court · 1937
- Swanson v. LinderNorth Dakota Supreme Court · 1948
- Boling & Monroe Realty Co. v. AndersSupreme Court of Iowa · 1922
1 more not listed; retrieve them via the Exa API.