Patterson v. Plummer
North Dakota Supreme Court
Appeal from District Court, Traill County; Pollock, J. Action by Daniel Patterson against A. L. Plummer. Judgment for defendant, and plaintiff appeals. Plummer offered and agreed to sell three hundred and fifty-three shares of stock to Patterson at one hundred and thirty-five dollars per share. Patterson gave him a check for the amount.
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Appeal from District Court, Traill County; Pollock, J. Action by Daniel Patterson against A. L. Plummer. Judgment for defendant, and plaintiff appeals. Plummer offered and agreed to sell three hundred and fifty-three shares of stock to Patterson at one hundred and thirty-five dollars per share. Patterson gave him a check for the amount. Plummer could not read it without his glasses and Patterson read the check to Plummer, told him it was in payment of three hundred fifty-three shares of stock, and asked Plummer to transfer the stock to him. Plummer made no objection to the check. These facts…
1Opinion of the CourtYoung, J.
Plaintiff seeks -to recover damages from the defendant for the breach of an alleged contract by the latter to sell and transfer to him 353 shares of the capital stock of the Hillsboro National Bank, at an agreed price of $135 per share. It is alleged in the complaint that said shares were in fact of the value of $165 each. Damages are alleged in the sum $10,590, which is the excess of the alleged actual value of said 353 shares over the price agreed upon in the alleged contract. The defense interposed is twofold: First, that there was in fact no contract to sell; second, that, even if there…
2Cases cited8 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Bullard v. StoneCalifornia Supreme Court · 1885
- Fogarty v. FinlayCalifornia Supreme Court · 1858
- Cosand v. BunkerSouth Dakota Supreme Court · 1891
- Grigsby v. DaySouth Dakota Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Tuthill v. ShermanSouth Dakota Supreme Court · 1917
- Dakota National Bank v. BrodieNorth Dakota Supreme Court · 1920
- Elliott School District No. 23 v. GorderNorth Dakota Supreme Court · 1929
- McKindley v. Citizens State BankNorth Dakota Supreme Court · 1917