Wadsworth v. Owens
North Dakota Supreme Court
Appeal from District Court, Cavalier county; Kneeshaw, J. Action by E. A. • Wadsworth against C. E. Owens. Judgment for .defendant, and plaintiff appeals. Tenant holding over after the end of his lease, without a new contract, continues upon the terms of the original lease. 18 Am. & Eng. .Enc. Law, p. 405; 24 Cyc. Law & Proc. p. 1011; Bradley v. Slater, 50 Neb. 682, 70 N. W. 258; Jones, Land. & T. § 205; Scott v. Beecher, ■91 Mich. 590, 52 N. W. 20; Eev.
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Appeal from District Court, Cavalier county; Kneeshaw, J. Action by E. A. • Wadsworth against C. E. Owens. Judgment for .defendant, and plaintiff appeals. Tenant holding over after the end of his lease, without a new contract, continues upon the terms of the original lease. 18 Am. & Eng. .Enc. Law, p. 405; 24 Cyc. Law & Proc. p. 1011; Bradley v. Slater, 50 Neb. 682, 70 N. W. 258; Jones, Land. & T. § 205; Scott v. Beecher, ■91 Mich. 590, 52 N. W. 20; Eev. Codes 1905, § 5531. Value must be ascertained by a money standard and based on evi-dence, not conjecture. Barron v. Northern P. E. Co-. 16…
1Opinion of the CourtSpalding, J.
This action was brought to recover possession of certain grain raised on the premises described in the complaint, in Cavalier county, during the season of 1906, or for its value in case a return thereof could not be had. Plaintiff claimed ownership thereof in his complaint, and alleged the value to be $2,500. The plaintiff took possession of the grain, and the answer was a general denial, except that it admitted the value of the grain as alleged in the complaint, and alleged its taking by the plaintiff, and demanded a return thereof or its value. The action was tried, and a verdict was…
2Cases cited6 opinions
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Stoppelkamp v. MangeotCalifornia Supreme Court · 1871
- Bollenbacker v. FrittsIndiana Supreme Court · 1884
- Merchants State Bank v. RuettellNorth Dakota Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Herrmann v. Minnekota Elevator Co.North Dakota Supreme Court · 1914
- Black v. La PorteCourt of Appeals for the Eighth Circuit · 1921
- Monks v. HessSouth Dakota Supreme Court · 1928
- Timm v. ArvidsonNorth Dakota Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.