Schmidt v. Beiseker
North Dakota Supreme Court
Appeal from District Court, Wells county; Burke, J. Action by John- L. Schmidt against Arthur N. Beiseker. Judgment for defendant and plaintiff appeals. Where a contract relating to real estate and required- by the statute of frauds to be in writing is pleaded with- no averment as to whether it is in writing or not, a demurrer on that ground will be overruled, as it -is presumed: to- be in -writing. Lewin v. Stewart, 10 How.
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Appeal from District Court, Wells county; Burke, J. Action by John- L. Schmidt against Arthur N. Beiseker. Judgment for defendant and plaintiff appeals. Where a contract relating to real estate and required- by the statute of frauds to be in writing is pleaded with- no averment as to whether it is in writing or not, a demurrer on that ground will be overruled, as it -is presumed: to- be in -writing. Lewin v. Stewart, 10 How. Pr. 509; Cranston v. Smith, 6 R. I. 231; Sanborn- v. Rodgers, 33 Fed. 851; Brennan v. F-ord et al., 46 Cal. 8; Tucker v. Edwards,, 3 Pac. 233; Hayt v. Hunt, 15 Pac. 410;…
1Opinion of the CourtMorgan, C. J.
This is an action- for the recovery of damages for the breach of a contract of agency. Plaintiff employed the defendant to appear for him at the United States land office at Devils Lake and purchase for him a fractional tract - of land advertised to be there sold to -the highest bidder, under a provision of the United States statutes. The complaint alleges that plaintiff and defendant entered into a contract under which defendant was to appear at said office, bid in- and purchase -the described tract, pay for it with- defendant’s money, and- that plaintiff was to repay defendant for the money…
2Cases cited10 opinions
- Gardner v. RundellTexas Supreme Court · 1888
- Rose v. HaydenSupreme Court of Kansas · 1886
- Carr v. LeavittMichigan Supreme Court · 1884
- Snyder v. WolfordSupreme Court of Minnesota · 1885
- Miller v. KendigSupreme Court of Iowa · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Thomas v. Goodbread ex rel. ColeSupreme Court of Florida · 1919
- Schmidt v. BeisekerNorth Dakota Supreme Court · 1909
- Goodrich v. WilsonSupreme Court of Kansas · 1920
- Weber v. BaderNorth Dakota Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.