Houglum v. Browkowski
North Dakota Supreme Court
Appeal from tbe District Court of Williams County, Frarilc F. Fislc.. J. In claim and delivery it is proper to show that the property cannot be produced. Larson v. Hanson, 21 N. D. 411, 131 N. W. 229, 26 N. D. 422, 51 L.B.A.(N.S.) 655, 144 N. W. 681; Farmers’ Nat. Bank v. Ferguson, 28 N. D. 347, 48 N. W. 1049. Certain grain covered by the Hen was identified.
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Appeal from tbe District Court of Williams County, Frarilc F. Fislc.. J. In claim and delivery it is proper to show that the property cannot be produced. Larson v. Hanson, 21 N. D. 411, 131 N. W. 229, 26 N. D. 422, 51 L.B.A.(N.S.) 655, 144 N. W. 681; Farmers’ Nat. Bank v. Ferguson, 28 N. D. 347, 48 N. W. 1049. Certain grain covered by the Hen was identified. The court erred in refusing to admit in evidence plaintiffs’ Hen statement, because it contained a reference to more grain than was raised on the land therein-described. Dahlund v. Lorentzen, 30 N. D. 275, 152 N. W. 684; Howe v. Smith, 6…
1Opinion of the CourtBurke, J.
Action in claim and delivery. Plaintiff demands possession of “so much of the grain above described as is of the worth and value of $431.15.” He claims that he threshed for the defendant, filed a lien for his bill, and now desires possession of enough grain to enforce the same. Defendant interposed a general denial. Just before the trial it was demanded that plaintiff elect to stand upon a contract price for the alleged threshing or for the reasonable value thereof. He elected to stand on the “reasonable price” of the work done. The jury was impaneled and testimony taken. A dispute developed…
2Cases cited4 opinions
- Parker v. First National BankNorth Dakota Supreme Court · 1892
- Martin v. HawthornNorth Dakota Supreme Court · 1893
- Gorthy v. JarvisNorth Dakota Supreme Court · 1906
- Martin v. HawthorneNorth Dakota Supreme Court · 1895