Kicks v. State Bank
North Dakota Supreme Court
Appeal from District Court, Ransom county; Lauder, J. Action by Anna M. Kicks, administratrix of John H. Kicks, against the State Bank of Lisbon. Judgment for plaintiff, and defendant appeals. The proper measure of damages, where the vendor has failed to fulfill his part of the contract is. “the money paid with interest, less the value of the use and occupancy of the land.” Todd v. McLaughlin, 84 N. W. Rep. 146. Respondent being first in default, cannot recover.
Read the full summary
Appeal from District Court, Ransom county; Lauder, J. Action by Anna M. Kicks, administratrix of John H. Kicks, against the State Bank of Lisbon. Judgment for plaintiff, and defendant appeals. The proper measure of damages, where the vendor has failed to fulfill his part of the contract is. “the money paid with interest, less the value of the use and occupancy of the land.” Todd v. McLaughlin, 84 N. W. Rep. 146. Respondent being first in default, cannot recover. Aikman v. Sanborn, 52 Pac. Rep. 729; Arnett v. Smith, 11 N. D. 55, 85 N. W. Rep. 1037; Maloy v. Muir, 86 'N. W. Rep. 916. The…
1Opinion of the CourtMorgan, J.
In December, 1893, John H. Kicks and the State Bank of Lisbon entered into a contract for the sale of eighty acres of land in LaMoure county under the crop payment plan. Said Kicks died soon thereafter, and the plaintiff, Anna M. Kicks, succeeded to all his rights under said contract, after a due administration of his estate. The price to be paid to said bank for the 'land was $800, with 8 per cent interest on deferred payments. At the time the contract was entered into the land was wild land, without any house or improvements thereon. Under the contract forty acres were to be broken in 1893,…
2Cases cited22 opinions
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Worrall v. . MunnNew York Court of Appeals · 1868
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Fargusson v. TalcottNorth Dakota Supreme Court · 1897
- Harding v. LarkinIllinois Supreme Court · 1866
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Marshall v. GilsterIdaho Supreme Court · 1921
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Silfvast v. AsplundMontana Supreme Court · 1935
- Gust v. WilsonNorth Dakota Supreme Court · 1953
13 more not listed; retrieve them via the Exa API.