McCulloch v. Bauer
North Dakota Supreme Court
Appeal by plaintiffs from a judgment of tbe District Court for Stutt-man County, A. G. Burr, Special J., in defendant’s favor in an action brought to recover damages for breach of a contract to purchase certain property. Defendant having refused to complete the deal on the ground that he “could not raise the money” to make the payment precludes him from thereafter raising or attempting to raise other objections or reasons for his failure to perform.
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Appeal by plaintiffs from a judgment of tbe District Court for Stutt-man County, A. G. Burr, Special J., in defendant’s favor in an action brought to recover damages for breach of a contract to purchase certain property. Defendant having refused to complete the deal on the ground that he “could not raise the money” to make the payment precludes him from thereafter raising or attempting to raise other objections or reasons for his failure to perform. Johnson v. Oppenheim, 55 N. T. 291; Morris v. Sliter, 1 Denio, 59; Mattock v. King-lake, 10 Ad. & El. 56, 2 Perry & D. 343, 8 L. J. Q.. B. N. S.…
1Opinion of the CourtFisk, J.
Plaintiffs, who are the appellants, brought this action in the district court of Stuttsman county to recover from defendant and respondent damages in the sum of $6,150 and interest, for the alleged breach on defendant’s part of a written contract entered into between the parties, by the terms of which plaintiffs agreed to sell to defendant, and the latter agreed to purchase from the plaintiffs, certain real and personal property in the city of Jamestown. Such contract is not very lengthy, and we deem it advisable to set the same out in full in this opinion. It is as follows:
Jamestown, North…
2Cases cited31 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Fagan v. HookSupreme Court of Iowa · 1905
- Bigler v. . MorganNew York Court of Appeals · 1879
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Culy v. UphamMichigan Supreme Court · 1903
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3Cited by2 opinions
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