Block v. Donovan
North Dakota Supreme Court
Appeal from District Court, Cavalier county; Kneeshaw, J. Action by Ezra Block against E. I. Donovan. Judgment for plaintiff and defendant appeals. A clear and explicit written instrument supersedes all contemporaneous oral negotiations concerning the subject to which the same relates, and parol evidence is inadmissible. Strunk v. Smith, et ah, 66 N. W. 926; Northwestern Fuel Co. v. Bruns, 1 N. D. 137, 45 N. W. 699 ; Western Twine Co. v. Wright et al., 78 N. W. 943; Wm.
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Appeal from District Court, Cavalier county; Kneeshaw, J. Action by Ezra Block against E. I. Donovan. Judgment for plaintiff and defendant appeals. A clear and explicit written instrument supersedes all contemporaneous oral negotiations concerning the subject to which the same relates, and parol evidence is inadmissible. Strunk v. Smith, et ah, 66 N. W. 926; Northwestern Fuel Co. v. Bruns, 1 N. D. 137, 45 N. W. 699 ; Western Twine Co. v. Wright et al., 78 N. W. 943; Wm. Deering & Co. v. R. R. Russel et ah, 5 N. D. 319, 65 N. W. 691; Knudson et ah v. Grand Council of Northwestern Legion of…
1Opinion of the CourtMorgan, J.
This is an action brought for the specific performance of a contract, or for a cancellation of the contract if specific performance shall fail. The facts out of which the action arose are as follows: On February 19, 1901, the plaintiff and his wife conveyed to the defendant their homestead. The price agreed on for the land was $1,500. There were mortgages and liens and taxes due and to become due against this land aggregating $1,597.95. The evidence of the two parties to the sale is conflicting as to how this price of $1,500 was to be paid. The plaintiff testifies that the defendant was to…
2Cases cited3 opinions
- Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
- Berliner v. Town of WaterlooWisconsin Supreme Court · 1861
- Mitchell v. RolisonWisconsin Supreme Court · 1881
3Cited by3 opinions
- Donovan v. DicksonNorth Dakota Supreme Court · 1917
- Donovan v. BlockNorth Dakota Supreme Court · 1908
- Block v. DonovanNorth Dakota Supreme Court · 1903