Lynn v. Seby
North Dakota Supreme Court
From tbe judgment of the District Court of Eddy County, Buitz, J., defendant appeals. • The court erred in sustaining the plaintiff’s demurrer to that part of defendant’s counterclaim relating to damages for loss in difference in price of grain, caused by respondent’s failure to timely perform his contract. Bev.
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From tbe judgment of the District Court of Eddy County, Buitz, J., defendant appeals. • The court erred in sustaining the plaintiff’s demurrer to that part of defendant’s counterclaim relating to damages for loss in difference in price of grain, caused by respondent’s failure to timely perform his contract. Bev. Codes 1905, § 6563. - Where a contract is entire and one party, not in default, is willing to complete its performance, the other party, who abandons the contract or refuses to perform it, cannot recover on quantum meruit the value of the labor he has expended in its partial…
1Opinion of the CourtGoss, J.
Plaintiff has recovered judgment against defendant for a small amount as a balance of a thresh bill. Judgment was granted upon the pleadings. In brief, plaintiff agreed to thresh all of defendant’s grain. He threshed the wheat and oats, but refused to thresh the flax. Defendant was unable to procure threshing of his flax that fall, and defends and counterclaims for the amount of the resulting damage from the flax remaining unthreshed through the winter. The contract for-threshing was the usual one, with no special provision whereby *424plaintiff agreed to be responsible in damages for more than…
2Cases cited14 opinions
- Allen v. McKibbinMichigan Supreme Court · 1858
- Pixler v. NicholsSupreme Court of Iowa · 1859
- Duncan v. BakerSupreme Court of Arkansas · 1878
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Hillyard v. Crabtree's Adm'rTexas Supreme Court · 1854
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Peters v. HalliganNebraska Supreme Court · 1967
- Petrie v. WymanNorth Dakota Supreme Court · 1916
- Schneider v. Hagerstown Brewing Co.Court of Appeals of Maryland · 1920
- Harris v. Van VrankenNorth Dakota Supreme Court · 1915
- Thurston v. NutterSupreme Judicial Court of Maine · 1926
6 more not listed; retrieve them via the Exa API.