Enderlien v. Kulaas
North Dakota Supreme Court
Appeal from a judgment and order of the County Court having increased jurisdiction, for Ward County, Dams, J. Statement by Spalding, Oh. J. This action is one to recover $210.67 on two causes of action: First, for material and labor furnished in the performance of work under a contract for plumbing, etc., $85.67; the second, for $125, the amount of profit claimed by plaintiffs to have been lost because defendant refused to permit them to fully perform the contract.
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Appeal from a judgment and order of the County Court having increased jurisdiction, for Ward County, Dams, J. Statement by Spalding, Oh. J. This action is one to recover $210.67 on two causes of action: First, for material and labor furnished in the performance of work under a contract for plumbing, etc., $85.67; the second, for $125, the amount of profit claimed by plaintiffs to have been lost because defendant refused to permit them to fully perform the contract. The contract consists in the written proposal of the plaintiffs and the conceded verbal acceptance, the entire job to be done for…
1Opinion of the Court
Spalding, Oh. J.
1. The notice of appeal is entitled, “E. W. Enderlien, plaintiff, v. Kari Kulaas, defendant,” and it is claimed that this defective designation of the plaintiffs renders the notice invalid for all purposes. Enderlien was one of the copartners in the plaintiff firm. The notice in all other respects sufficiently described the action in which the appeal was taken to identify it, and we think this was sufficient. The respondent could have been misled in no manner by which the defective designation of the plaintiffs.
2. The same defect and others appear in the undertaking on appeal,…
2Cases cited1 opinion
- Burger v. SinclairNorth Dakota Supreme Court · 1912
3Cited by8 opinions
- Kohler v. StephensNorth Dakota Supreme Court · 1946
- Moen v. ThomasNorth Dakota Supreme Court · 2001
- Wasson v. Brotherhood of Railroad TrainmenNorth Dakota Supreme Court · 1934
- Babson v. Village of UlyssesNebraska Supreme Court · 1952
- Haines v. WaiteSouth Dakota Supreme Court · 1932
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