Felton v. Nurnberg
North Dakota Supreme Court
In District Court, Stutsman County, Cole, J., to recover commissions due for making a loan. From an order overruling a demurrer to the complaint the defendant has appealed. Where one agrees with another to pay a sum of money or to do a thing, and no time is mentioned for the performance of such agreement, the law presumes that the money shall be paid, or the thing done within a reasonable time.
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In District Court, Stutsman County, Cole, J., to recover commissions due for making a loan. From an order overruling a demurrer to the complaint the defendant has appealed. Where one agrees with another to pay a sum of money or to do a thing, and no time is mentioned for the performance of such agreement, the law presumes that the money shall be paid, or the thing done within a reasonable time. Brown v. Brown, 103 Ind. 23, 2 N. E. 233; Urquhart v. Belloni, 57 Or. 314, 111 Pac. 692; Liliengren Furniture & Lumber Go. v. Mead (Minn.) 44 N. W. 306. Oiting Stone v. Harmon, 31 Minn. 5Í2, and Driver…
1Opinion of the CourtBronson, J.
This is an action on a contract to recover commissions due for negotiating a loan. The defendant has appealed from an order overruling a demurrer to the amended complaint. The contract incorporated in the complaint, and upon which the action is based, reads as follows:
“This agreement is made for the purpose of procuring for Herman Nürnberg a loan upon his section 9, township 140, range 64.
“It is hereby mutually agreed between B. F. Felton, party of the first part, and Herman Nürnberg, party of the second part, that the said party of the first part is to procure if possible, for the party of…
2Cases cited5 opinions
- Johnson v. Kindred State BankNorth Dakota Supreme Court · 1903
- Feinsot v. BursteinAppellate Terms of the Supreme Court of New York · 1912
- Pease Oil Co. v. Monroe County Oil Co.New York Supreme Court · 1912
- Henry v. City of SacramentoCalifornia Supreme Court · 1897
- Sifton v. SiftonNorth Dakota Supreme Court · 1895
3Cited by1 opinion
- Benedict v. PriceDistrict Court, E.D. New York · 1929