Legal Opinion

Hellebust v. Bonde

North Dakota Supreme Court

Decided May 13, 1919PublishedCited by 5 opinions

Appeal from Divide County, K. E. Leighton, J. A false representation as to the law, in the absence or concealment of fact, does not amount to fraud if there is no relation of trust or confidence between the parties. 14 Am. & Eng. Enc. Law, 54, and notes; Platt v. Scott, 6 Blackf. 389, 39 Am.

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Appeal from Divide County, K. E. Leighton, J. A false representation as to the law, in the absence or concealment of fact, does not amount to fraud if there is no relation of trust or confidence between the parties. 14 Am. & Eng. Enc. Law, 54, and notes; Platt v. Scott, 6 Blackf. 389, 39 Am. Dec. 436; Gormely V. Gynmastic Asso. 55'Wis. 350, 13 N. W. 242; see also Hubbard v. McLean, 115 Wis. 9, 99 N. W. 465; Hinckley v. Sack Oil' Oo. 132 Iowa, 396; Schnider v. Schnider, 96 N. W. 159; 6 Enc. Ev. 71;' 14 Am. & Eng. Enc. Law, 54, General rule and illustrations, pp. 55, 56, and footnotes; and…

1Opinion of the CourtBiedzell, J.

This is an appeal from an order of the district court of Divide county, overruling a demurrer to the complaint. The action is one for the recovei’y of damages alleged to have been occasioned by the making of certain false representations which induced the plaintiffs to part with the sum of $500. The complaint alleges the making of the following agreement:

This agreement entered into this 14th day of April, a. d. 1915, between Divide County Development Association by Edwin Bonde, *327President, of Crosby, North Dakota, party of the first part, and Helmer Hellebust and Alfred Hellebust, parties of…

2Cases cited2 opinions

  1. Erickson v. WiperNorth Dakota Supreme Court · 1916
  2. Orth v. ProciseNorth Dakota Supreme Court · 1917

3Cited by5 opinions

  1. Nodak Oil Co., a North Dakota Corporation v. Mobil Oil Corp., a Foreign CorporationCourt of Appeals for the Eighth Circuit · 1976
  2. Hanes v. MitchellNorth Dakota Supreme Court · 1951
  3. Arnegard v. Arnegard TownshipNorth Dakota Supreme Court · 2018
  4. Nodak Oil Co. v. Mobil Oil Corp.District Court, D. North Dakota · 1975
  5. National Cash Register Co. v. Midway City Creamery Co.North Dakota Supreme Court · 1922

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