Kautzman v. National Union Fire Insurance
North Dakota Supreme Court
Appealed from the District court of Hettinger county, Berry J. Appealed from an order overruling a demurrer. “The mere fixing of the amount of loss is not, of itself, an admission that any liability exists against it upon such policy aiid does not raise an implied promise to pay.” 2 Wood Fire Ins. ¶ 450 Willoughby v. St. Paul German Ins. Co. (Minn.) 71 N. W. 272. “To result in a contract, an offer must be certain.
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Appealed from the District court of Hettinger county, Berry J. Appealed from an order overruling a demurrer. “The mere fixing of the amount of loss is not, of itself, an admission that any liability exists against it upon such policy aiid does not raise an implied promise to pay.” 2 Wood Fire Ins. ¶ 450 Willoughby v. St. Paul German Ins. Co. (Minn.) 71 N. W. 272. “To result in a contract, an offer must be certain. The parties must make their own agreement and not leave it to the court to construct one for them.” 9 Cyc. 248. So it has been held that the following agreements have been held void…
1Opinion of the CourtBird.zell, J.
This is an appeal from an order overruling a demurrer to the complaint. In the complaint it is alleged that, in consideration of the payment of a premium of $245, the defendant issued to'the plaintiff its policy of insurance insuring him against loss or damage on account of failure of his crops due to “hail or any cause except fire, floods, winterkill, or failure on the part of the plaintiff to properly prepare the ground for seeding, and properly seed, care' for, protect, and harvest said crops during the season of 1917, not to exceed $7 per acre for total loss,” etc.; that the plaintiff…
2Cases cited1 opinion
- Lehde v. National Union Fire InsuranceNorth Dakota Supreme Court · 1920
3Cited by2 opinions
- Security State Bank of Crosby v. PetersonNorth Dakota Supreme Court · 1923
- Barbknecht v. Great Northern Railway Co.North Dakota Supreme Court · 1927