Keck v. Kavanaugh
North Dakota Supreme Court
'Appeal from the District Court of Grand Forks County, Cooley, J. Plaintiff appeals from a ¡judgment and from an order denying a new trial. “Where the question as to the consideration to be paid in an express contract rests in parol, and there is a dispute between the parties, the courts hold that it is proper to admit evidence as to the reasonable value of the work.
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'Appeal from the District Court of Grand Forks County, Cooley, J. Plaintiff appeals from a ¡judgment and from an order denying a new trial. “Where the question as to the consideration to be paid in an express contract rests in parol, and there is a dispute between the parties, the courts hold that it is proper to admit evidence as to the reasonable value of the work. Munster v. Stoddard, 44 N. D. 105, 170 N. W. 871. “On an issue as to whether or not a contract was made as claimed any circumstances bearing thereon or any evidence which tends to render that fact probable or improbable is…
1Opinion of the Court
Christianson, Ch. J.
Plaintiff brought this action to recover a balance claimed to be due him for services performed for the defendant under the following written contract:
"This Agreement, made the 7th day of May, in the year one thousand nine hundred and eighteen by and between Bert D. Keck, architect of Grand Porks, North Dakota, party of the first part, and A. J. Kavanaugh, owner, of Grand Porks, North Dakota, party of the second part.
"The architect agrees to prepare and furnish preliminary sketches, working drawings, necessary details, specifications, draw contracts between owner and…
2Cases cited6 opinions
- People v. WeberCalifornia Supreme Court · 1906
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Scanlan v. San Francisco & San Joaquin RailwayCalifornia Supreme Court · 1900
- Putnam v. ProutyNorth Dakota Supreme Court · 1913
- Bair v. School District No. 141 of Smith CountySupreme Court of Kansas · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Spitz v. BrickhouseAppellate Court of Illinois · 1955
- Food Management, Inc. v. Blue Ribbon Beef Pack, Inc., Blue Ribbon Beef Pack, Inc. v. Food Management, Inc.Court of Appeals for the Eighth Circuit · 1969
- Farmers State Bank v. JeskeNorth Dakota Supreme Court · 1924
- Olson v. CarlsonNorth Dakota Supreme Court · 1940
- Reitman v. MillerNorth Dakota Supreme Court · 1952
1 more not listed; retrieve them via the Exa API.