Great Northern Railway Co. v. Sheyenne Telephone Co.
North Dakota Supreme Court
From a judgment of the District Court of Nelson County, Templeton, J., plaintiff appeals. Voluntary acceptance of the benefits of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known or ought to have been known to the person accepting. Rev. Codes 1905, § 5310. The consideration at the time the contract was made, was reasonable and fair. This is the test as to adequacy of consideration.
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From a judgment of the District Court of Nelson County, Templeton, J., plaintiff appeals. Voluntary acceptance of the benefits of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known or ought to have been known to the person accepting. Rev. Codes 1905, § 5310. The consideration at the time the contract was made, was reasonable and fair. This is the test as to adequacy of consideration. Willard v. Tayloe, 8 Wall. 557, 19 L. ed. 501; Morrill v. Everson, 77 Cal. 114, 19 Pac. 190; Cox v. Burgess, 139 Ky. 6.99, 96 S. W. 577; Lee v. Kirby,…
1Opinion of the CourtGoss, J.
Plaintiff seeks equitable relief to restrain removal of telephones from its depots at McVille, Pekin, Tolna, and Warwick. From judgment of dismissal plaintiff appeals. Facts are undisputed; issues are of law only.
The telephone company maintains an exchange in each of the four towns, and has been affording telephone service to the depots in the villages of McVille and Pekin since the year 1909, and of Tolna and Warwick since September and October, 1907. The ’phones were installed under written contracts, providing that the consideration for their installation, maintenance, and service by the…
2Cases cited18 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Philadelphia Ball Club, Ltd. v. LajoieSupreme Court of Pennsylvania · 1902
- Ullsperger v. MeyerIllinois Supreme Court · 1905
- Newman v. FreitasCalifornia Supreme Court · 1900
- Franklin Telegraph Co. v. HarrisonSupreme Court of the United States · 1892
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3Cited by5 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- L. J. Hablas v. Armour and Company, a Foreign CorporationCourt of Appeals for the Eighth Circuit · 1959
- Hutchinson Gas & Fuel Co. v. Wichita Natural Gas Co.Court of Appeals for the Eighth Circuit · 1920
- Taylor v. Kingman Feldspar Co.Arizona Supreme Court · 1933
- Compass Bank Ex Rel. Guaranty Bank, FSB v. North American Petroleum Corp. USA (In Re North American Petroleum Corp. USA)United States Bankruptcy Court, D. Delaware · 2011