Horton v. Emerson
North Dakota Supreme Court
Appeal from District Court, Ward County, Leighton, J. From a judgment in plaintiff’s favor and from an order denying a motion for a new trial, defendant appeals. • As a general rule there is no implied contract except in the absence of one expressed by the parties. 4 Cyc. 327, and cases cited; Marshall v. Jones, 11 Me. 54, 25 Am.
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Appeal from District Court, Ward County, Leighton, J. From a judgment in plaintiff’s favor and from an order denying a motion for a new trial, defendant appeals. • As a general rule there is no implied contract except in the absence of one expressed by the parties. 4 Cyc. 327, and cases cited; Marshall v. Jones, 11 Me. 54, 25 Am. Dec. 260. Where a contract provides that payment shall be made only upon the certificate of the architect, unless the plaintiff furnishes such certificate or shows that it is wrongfully withheld, no recovery can be had. Weeks v. O’Brien, 141 N. Y. 199, 36 N. E. 185;…
1Opinion of the Court
Eisic, Oh. J.
Plaintiff, as surviving partner of the firm of Lord & Plorton, seeks in this action to recover upon the quantum meruit for labor and material furnished to defendant at his request in the erection of a building in the city of Minot, known as the Arcade Building. A jury was expressly waived in the district court, and at the conclusion of the trial findings of fact and conclusions of law favorable to the plaintiff were made, and pursuant thereto plaintiff had judgment for the sum of $1,792.92 and interest, together with the costs. Thereafter defendant moved for a new trial, which…
2Cases cited24 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Russell v. PlaceSupreme Court of the United States · 1877
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Power v. WilliamsNorth Dakota Supreme Court · 1925
- Knutson v. EkrenNorth Dakota Supreme Court · 1942
- Holtzman v. BennettNevada Supreme Court · 1924
- Gronseth v. BrubakkenSouth Dakota Supreme Court · 1929
- Kupfer v. McConvilleNorth Dakota Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.