Freeman v. Clark
North Dakota Supreme Court
Appeal from tbe District Court of Bottineau County; Burr, J. As clearly appears from tbe complaint, there is no cause of action alleged against defendant bank. Tbe complaint shows no right as against tbe bank, nor does it show an infringement of any rights or any wrong done by tbe bank.
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Appeal from tbe District Court of Bottineau County; Burr, J. As clearly appears from tbe complaint, there is no cause of action alleged against defendant bank. Tbe complaint shows no right as against tbe bank, nor does it show an infringement of any rights or any wrong done by tbe bank. Marquat v. Marquat, 12 N. Y. 341; Atkinson, T. & S. E. R. Co. v. Rice, 36 Kan. 593, 14 Bac. 229; Clarke v. Ohio River R. Co. 39 W. Va. 732, 20 S. E. 696; Miller v. Hallock, 9 Colo. 551, 13 Pac. 541; Post v. Campau, 42 Mich. 90, 3 N. W. 272; Fields v. Daisy Gold Min. Co. 26 Utah, 373, 73 Pac. 521. The lien…
1Opinion of the CourtBurke, J.
Defendant Clark was a renter upon a farm owned by the defendant Lillie. Under the terms of his lease, he had agreed to furnish the seed for the year 1911, but was financially unable to purchase the same. The landlord, Lillie, had seed wheat upon the farm, and fiax seed near by, but was apparently unwilling to sell the same to his tenant. Under those circumstances, in the month of November, 1909, the tenant Clark went to the plaintiff Freeman, and solicited him to buy the seed grain from Lillie before the price should advance. An agreement to this effect was made, and Freeman purchased from…
2Cases cited1 opinion
- Ugland v. Farmers & Merchants' State BankNorth Dakota Supreme Court · 1912
3Cited by4 opinions
- Narveson v. SchmidNorth Dakota Supreme Court · 1951
- Wonser v. Walden Farmers Elevator Co.North Dakota Supreme Court · 1915
- Pearcy v. Columbia Growers & Packing Corp.Oregon Supreme Court · 1943
- Juno v. Northland Elevator Co.North Dakota Supreme Court · 1927