Paulson v. Reeds
North Dakota Supreme Court
Appeal from District Court of Richland County, A. T. Cole, J. It is the law that where a party sues on an express contract he cannot recover on an implied contract, nor on a quantum meruit. 9 Cyc. 749 et seq., Wernli v. Collins (Iowa) 54 N. W. 364; Morrow v. Board ■of Education (S. D.) 64 N. W. 1126; Ball v. Dolan (S. D.) 114 N. W. 998; 2 Enc.
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Appeal from District Court of Richland County, A. T. Cole, J. It is the law that where a party sues on an express contract he cannot recover on an implied contract, nor on a quantum meruit. 9 Cyc. 749 et seq., Wernli v. Collins (Iowa) 54 N. W. 364; Morrow v. Board ■of Education (S. D.) 64 N. W. 1126; Ball v. Dolan (S. D.) 114 N. W. 998; 2 Enc. PI. & Pr. 990. The gist of appellant’s entire contention is that if respondent furnished to the appellant a buyer who was ready, able, and willing to buy the land on the terms of the listing contract, and this appellant ■so sold his land, or arbitrarily…
1ConcurrenceRobinson, J.
The plaintiff sues to recover $1,200 commissions on a sale of 800 acres. The jury found for the plaintiff, and defendant appeals. The complaint avers that in June, 1910, defendant owned the west half and the southeast quarter of 21 and the east half of 20 in 133-52; that he listed the land with plaintiff for him to sell on certain specified terms, and for securing a purchaser he agreed to pay the plaintiff such sum as he might realize from the sale over and above $16 per acre; that on the same day plaintiff procured for defendant a purchaser at $17.50 an acre and thereby earned $1,200.
The…
2Cases cited2 opinions
- Louva v. WordenNorth Dakota Supreme Court · 1915
- Paulson v. ReedsNorth Dakota Supreme Court · 1912