Glaspell v. Northern Pac. R.
U.S. Circuit Court for the District of North Dakota
At Law. On motion for a new trial. This is an action brought to recover damages for deceit in the sale by the defendant to the plaintiff of 2,240 acres of land situate iirthe county of Wells in this district.
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At Law. On motion for a new trial. This is an action brought to recover damages for deceit in the sale by the defendant to the plaintiff of 2,240 acres of land situate iirthe county of Wells in this district. The action was tried in the territorial district court in and for Stutsman county, in the sixth judicial district, and a verdict and.judgment were rendered for the plaintiff on the 26th day of November, 1888, for the sum-of $12,609.58. A motion for a new trial was thereupon made by the defendant in said territorial court, which motion was pending on the 2d day of November, 1889, when the…
1Opinion of the Court
Thomas, J.,
(after stating the facts as above.') The bill of exceptions states that the court charged the jury as to the measure of damages that if they found for the plaintiff it must be in a sum equal to the difference between the actual value of the lands and the value of the said lands as they would have been had they been as represented at the time of the sale. The defendant excepted to this instruction, and now contends that it is erroneous, and was prejudicial to the defendant. Did the court give to the jury the correct rule for the measurement of damages as applicable to the facts of…
2Cases cited10 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- People v. HuntCalifornia Supreme Court · 1881
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3Cited by8 opinions
- Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.North Dakota Supreme Court · 1894
- Nupen v. PearceCourt of Appeals for the Eighth Circuit · 1916
- McDonald v. PlessCourt of Appeals for the Fourth Circuit · 1913
- Birmingham Electric Co. v. YoastSupreme Court of Alabama · 1951
- Birmingham Electric Co. v. YoastSupreme Court of Alabama · 1951
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