Security State Bank v. Krach
North Dakota Supreme Court
Appeal from the District Court of Hettinger County. Honorable W. C. Crawford, Judge. Action to foreclose chattel mortgages. Judgment for plaintiff. Defendant appeals. “A vendor under an executory contract for the sale of land who has clearly elected to cancel the contract and not abide by it has no right of action for the unpaid balance of the purchase price.” Roney v. H. S. Halvorsen Co. 29 N. D. 13, 149 N. W. 688; Palmer v. St. Elmo Invest.
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Appeal from the District Court of Hettinger County. Honorable W. C. Crawford, Judge. Action to foreclose chattel mortgages. Judgment for plaintiff. Defendant appeals. “A vendor under an executory contract for the sale of land who has clearly elected to cancel the contract and not abide by it has no right of action for the unpaid balance of the purchase price.” Roney v. H. S. Halvorsen Co. 29 N. D. 13, 149 N. W. 688; Palmer v. St. Elmo Invest. Co. — Cal. —, 29 Pac. 507; 39 Oye. 1924. In foreclosure action on a chattel mortgage, where grain is seized, the burden of proof is upon plaintiff to…
1Opinion of the CourtBruce, J.
This is an action to foreclose three chattel mortgages on crops grown on the east half of the southwest quarter and the west half of the southeast quarter of section 4, twp. 136, range 97, in Hettinger county, North Dakota. Judgment was rendered for the plaintiff. The defendant appeals, and asks for a trial de novo.
Two of the mortgages appear to have been given to the plaintiff directly. The third was purchased by the plaintiff from the International Harvester Company.
The defense of the defendant is “that a part of the wheat seized was not covered by any of the mortgages; that the…
2Cases cited3 opinions
- Glassell v. ColemanCalifornia Supreme Court · 1892
- Roney v. H. S. Halvorsen Co.North Dakota Supreme Court · 1914
- Martin v. HawthornNorth Dakota Supreme Court · 1893
3Cited by7 opinions
- Langenes v. BullingerNorth Dakota Supreme Court · 1982
- Vail v. EvesmithNorth Dakota Supreme Court · 1932
- C. A. Finch Lumber Co. v. WeishaarNorth Dakota Supreme Court · 1927
- Varnes v. SchwartzNorth Dakota Supreme Court · 1924
- Lloyd v. AndersonIdaho Supreme Court · 1924
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