Annis v. Burnham
North Dakota Supreme Court
Appeal from District Court, Foster county; Burke, J. Action by B. H. Annis against F. FI. Burnham. Judgment for plaintiff, and defendant appeals. No one can acquiesce in a wrong if ignorant of its existence. 29 Am. & Eng. Enc.
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Appeal from District Court, Foster county; Burke, J. Action by B. H. Annis against F. FI. Burnham. Judgment for plaintiff, and defendant appeals. No one can acquiesce in a wrong if ignorant of its existence. 29 Am. & Eng. Enc. (2nd Ed.) 1093; Henry v. Cootsworth Co., Bond, et al. 55 N. W. 643; Portland F. & R. Co. v. Spillman, 32 Pac. 688; Pence v. Langdon, 99 U. S. 578, 25 L. Ed. 421. The validity of a waiver requires that it shall be made with knowledge of the right, intentionally and voluntarily, upon a valuable consideration, and shall involve some element of estoppel. Hammon on Cont.…
1Opinion of the CourtMorgan, C. J.
This action was brought to recover the sum of $1,000 paid by the plaintiff upon a contract for the sale of 960 acres of real estate, which the plaintiff claims was subsequently rescinded by him on the ground that the defendant procured the contract to be entered into by the plaintiff through fraudulent representations as to defendant’s title to part of the land involved in the contract. The material parts of the contract are as follows: That the said Frank H. Burnham, * * * being the owner in fee simple of the following-described property, * * * does hereby agree, bargain, and sell the said…
2Cases cited7 opinions
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Cughan v. LarsonNorth Dakota Supreme Court · 1904
- Foster v. FurlongNorth Dakota Supreme Court · 1899
- Western Electric Co. v. BaerthelSupreme Court of Iowa · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Adams v. Little Missouri Minerals AssociationNorth Dakota Supreme Court · 1966
- Fedorenko v. RudmanNorth Dakota Supreme Court · 1955
- Bauer v. National Union Fire InsuranceNorth Dakota Supreme Court · 1924
- Saunders v. Farmers' & Merchants' National BankSouth Dakota Supreme Court · 1933
- Lanz v. NaddyNorth Dakota Supreme Court · 1957
10 more not listed; retrieve them via the Exa API.