Morris v. Occident Elevator Co.
North Dakota Supreme Court
From a judgment and an order denying a motion for a new trial of tbe District Court of Foster County, Coffey, L, defendant appeals. Tbe first requirement of a pleading is that it should be certain and definite, a statement of succinct and definite facts, in concise form, to tbe end that tbe defendant may be fully informed thereby of tbe true nature and extent of tbe cause of action against which be is called upon to defend. Sutton v. Todd, 21 Ind.
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From a judgment and an order denying a motion for a new trial of tbe District Court of Foster County, Coffey, L, defendant appeals. Tbe first requirement of a pleading is that it should be certain and definite, a statement of succinct and definite facts, in concise form, to tbe end that tbe defendant may be fully informed thereby of tbe true nature and extent of tbe cause of action against which be is called upon to defend. Sutton v. Todd, 21 Ind. App. 519, 55 N. E. 981. Tbe complaint must be framed upon a distinct theory. Corbin Oil Co. v. Searles, 36 Ind. App. 215, 75 N. E. 294; Grentner v.…
1Opinion of the CourtChristianson, J.
In December, 1911, the plaintiff delivered to the defendant at its elevator at Sykeston, North Dakota, 1,130 bushels and 50 pounds of flaxseed. It is conceded that the plaintiff did not receive payment for 48f bushels of flax so delivered. The dispute arises over the terms of the oral agreement under which the flax was delivered. The plaintiff contends that the flax was delivered to the-defendant under a contract of purchase and sale, and that the defendant purchased said flax, and agreed to pay plaintiff therefor the price per bushel that said flax would sell for in the market at…
2Cases cited1 opinion
- Starke v. StewartNorth Dakota Supreme Court · 1916
3Cited by1 opinion
- City of Mandan v. Mi-Jon News, Inc.North Dakota Supreme Court · 1986