Merritt v. Adams County Land & Investment Co.
North Dakota Supreme Court
Action for specific performance of a contract to convey land, with subsequent supplemental complaint for damages. Appeal from the District Court of Adams County, Gmivford, J. Judgment for plaintiff. Defendant appeals. Statement of facts by Bbuce, J. This action was commenced on the 27th day of April, 1911, to compel the defendant to specifically perform a contract for the conveyance of land in Adams county, North Dakota.
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Action for specific performance of a contract to convey land, with subsequent supplemental complaint for damages. Appeal from the District Court of Adams County, Gmivford, J. Judgment for plaintiff. Defendant appeals. Statement of facts by Bbuce, J. This action was commenced on the 27th day of April, 1911, to compel the defendant to specifically perform a contract for the conveyance of land in Adams county, North Dakota. The defendant was a corporation organized under the laws of North Dakota for the purpose of buying and selling land. It had its principal office at Hettinger, Adams county,…
1Opinion of the Court
Bkuce, J.'
(after stating the facts as above). Although the trial before the jury was held some time after the hearing before the court, and the proceedings were treated in many respects as two independent actions, there can be no question that the hearing before the jury was held under the order of the court in the preliminary equity case, and that the verdict of the jury was nothing more or less than an advisory verdict of a jury which is rendered in a suit in equity.
The first point raised by appellant is that the contract of sale which is the foundation of the cause of action does not…
2Cases cited9 opinions
- Justice v. . LangNew York Court of Appeals · 1870
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Needham v. HalversonNorth Dakota Supreme Court · 1912
- Grant County State Bank v. Northwestern Land Co.North Dakota Supreme Court · 1914
- Ward v. Spelts & KlostermanNebraska Supreme Court · 1894
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3Cited by8 opinions
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- Minneapolis Threshing Machine Co. v. HuncovskyNorth Dakota Supreme Court · 1923
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