Cughan v. Larson
North Dakota Supreme Court
Appeal from District Court, Richland county; Cotmn, J. Action by Samantha Cughan against Bennie Larson and others. Judgment for defendants, and plaintiff appeals. Burden is upon defendant to show the authority of plaintiff’s agent in the performance of acts by which he seeks bind the plaintiff. Mechem on Agency, section 376; Ritz v. Martin, 74 Am. Dec. 315; Rice v. Peninsular Club, 17 N. W. 708; Pursley v. Morrison, 63 Am. Dec. 434; Rossiter v. Rossiter, 34 Am.
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Appeal from District Court, Richland county; Cotmn, J. Action by Samantha Cughan against Bennie Larson and others. Judgment for defendants, and plaintiff appeals. Burden is upon defendant to show the authority of plaintiff’s agent in the performance of acts by which he seeks bind the plaintiff. Mechem on Agency, section 376; Ritz v. Martin, 74 Am. Dec. 315; Rice v. Peninsular Club, 17 N. W. 708; Pursley v. Morrison, 63 Am. Dec. 434; Rossiter v. Rossiter, 34 Am. Dec. 63. Plaintiff could dispute the validity of an oral contract modifying a written one any time before it was executed. There was…
1Opinion of the CourtMorgan, J.
The plaintiff alleges in her complaint that she is the owner in fee simple and entitled to the possession of the real estate described in the complaint, and that the defendants claim certain estates, interests, or liens upon said real estate adverse to the plaintiff’s interest and title. Larson and the Christoffersons are named as party' defendants. This action is brought against them and all other persons unknown, claiming any interest or estate *376or lien in the premises described. The defendants Larson and the Christoffersons did not appear in the action, but one M. N. Munson appeared, and…
2Cases cited20 opinions
- Swain v. SeamansSupreme Court of the United States · 1870
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Fargusson v. TalcottNorth Dakota Supreme Court · 1897
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
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3Cited by12 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
- Moore v. KellySupreme Court of Oklahoma · 1916
- Annis v. BurnhamNorth Dakota Supreme Court · 1906
- J. Crouch & Son v. HuberSupreme Court of Oklahoma · 1922
7 more not listed; retrieve them via the Exa API.