Martinson v. Regan
North Dakota Supreme Court
Appeal from District Court, Ramsey county; Cowan, J. Action by Hans Martinson against Mary A. Regan and others. • Judgment for plain-tiff, and defendant Regan appeals. Delay in cancelling contract waives right to terminate it.
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Appeal from District Court, Ramsey county; Cowan, J. Action by Hans Martinson against Mary A. Regan and others. • Judgment for plain-tiff, and defendant Regan appeals. Delay in cancelling contract waives right to terminate it. Fargusso-n v. Talcott 7 N. D. 183, 73 N. W. 207; Timmins v. Russell 99 N. W. 48; Boyum v. Johnson et al., 8 N. D. 306, 79 N'. W. 149; Merriam v. Goodlett et al., 54 N. W. 686; Gaiughen et al. v. Kerr et al., 68 N. W. 694; Her v. Lee, 86 N. W. 642; 9 Cyc. 608; Eaton v. Schneider et al., 57 N. E. 421. Notice of forfeiture given before vendor had acquired title was a…
1Opinion of the Court
Spálding, J.
This action is here for trial de novo on appeal from a judgment in favor of plaintiff confirming title in him as against the defendants and awarding him possession of lots 1, 2, and 3, and the S. Yz of the N. E. % and the S J4 of the N. W. Ya of section 5, township 156 N. of range 63 W. in Ramsey county, and Containing 319.93 acres. We shall not attempt to set out the pleadings, as they are sufficiently covered by the facts which we find. We find the facts as follows: That on the 20th of December, 1902, the plaintiff, herein the respondent, held a contract with one Brown for the…
2Cases cited2 opinions
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- Clapp v. TowerNorth Dakota Supreme Court · 1903
3Cited by12 opinions
- Kennedy v. DennstadtNorth Dakota Supreme Court · 1915
- Semmler v. Beulah Coal Mining Co.North Dakota Supreme Court · 1922
- Clark v. IngleNew Mexico Supreme Court · 1954
- Golden Valley Land & Cattle Co. v. JohnstoneNorth Dakota Supreme Court · 1910
- Gile v. Interstate Motor Car Co.North Dakota Supreme Court · 1914
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