Dinnie v. Lakota Hotel Co.
North Dakota Supreme Court
Action in District court, Nelson county. Cooley, J., upon a building contract: The plaintiff has appealed from a judgment notwithstanding the verdict. The question whether a contract has been substantially performed is generally one of fact.
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Action in District court, Nelson county. Cooley, J., upon a building contract: The plaintiff has appealed from a judgment notwithstanding the verdict. The question whether a contract has been substantially performed is generally one of fact. Pitcairn v. Philip Hiss Co. 51 C. C. A. 323, 113 Fed. 492; Elizabeth v. Fitzgerald, 52 C. C. A. 321, 114 Fed. 547; Fitzgerald v. LaPorte, 64 Ark. 34, 40 S. W. 261; West v. Sunda, 69 Conn. 60, 36 Atl. 1015; Bauer v. Hindley, 222 111. 319, 78 N. E. 626; E. T. Burrowes Co. v. Crittenden, (Miss.) 37 So. 504. A substantial performance of a building contract is…
1Opinion of the Court
Statement.
Bronson,- J.
This is an action upon a building contract. In the trial court the jury returned a verdict for the plaintiff. Upon motion, judgment notwithstanding the verdict was entered for the defendant. The plaintiff has appealed from the judgment and the order therefor. The facts necessary to be stated are as follows:
Pursuant to a builder’s contract and certain plans and specifications, the plaintiff contracted to erect a certain hotel building at Dakota, N. D., for a stated consideration of $28,800. In his complaint, the plaintiff alleges that he has performed the conditions of…
Also in this document: Concurrence.
2Cases cited9 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Jefferson Hotel Co. v. BrumbaughCourt of Appeals for the Fourth Circuit · 1909
- Anderson v. ToddNorth Dakota Supreme Court · 1898
- Hunn v. Pennsylvania Institution for the Instruction of the BlindSupreme Court of Pennsylvania · 1908
- Fitzgerald v. La PorteSupreme Court of Arkansas · 1897
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3Cited by1 opinion
- Fargo Glass & Paint Co. v. SmithNorth Dakota Supreme Court · 1936