Erickson v. Wiper
North Dakota Supreme Court
From a judgment of tbe District Court of Ward County, Leighton, J., defendant appeals. A contract for tbe sale of real property or an interest thereim, is invalid unless tbe same or some note or memorandum thereof is in writing and subscribed by the party to be charged, or by his agent. Rev. Codes 1905, § 5332. In the absence of fraud, mistake, or ambiguity, the accepted rule is that parol evidence is not admissible to vary or change the terms of a written instrument.
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From a judgment of tbe District Court of Ward County, Leighton, J., defendant appeals. A contract for tbe sale of real property or an interest thereim, is invalid unless tbe same or some note or memorandum thereof is in writing and subscribed by the party to be charged, or by his agent. Rev. Codes 1905, § 5332. In the absence of fraud, mistake, or ambiguity, the accepted rule is that parol evidence is not admissible to vary or change the terms of a written instrument. Greenl. Ev. 15th ed. § 215. The court in every stage of an action may disregard any error or defect in the pleadings, which…
1Opinion of the CourtChristianson, J.
On July 22, 1911, and for several years prior thereto, the plaintiff was living with her husband, John Erickson, upon the southeast quarter of section 23, township 161, range 90, in Burke county. This land adjoined the town site of Coteau. John Erickson was the record owner thereof, but it is undisputed that it was occupied *197by him and his wife (the plaintiff), and their children as their home, and that the plaintiff had a homestead interest therein.
It is also undisputed that on July .22, 1911, John Erickson and the plaintiff herein, as his wife, executed and delivered to the defendant, Wiper,…
2Cases cited74 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Brown v. SwinefordWisconsin Supreme Court · 1878
- State v. KentNorth Dakota Supreme Court · 1896
- Swain v. SeamansSupreme Court of the United States · 1870
- Hines v. WillcoxTennessee Supreme Court · 1896
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3Cited by99 opinions
- Moe v. KettwigNorth Dakota Supreme Court · 1955
- Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
- Johnson Farms v. McEnroeNorth Dakota Supreme Court · 1997
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- State v. SyvertsonNorth Dakota Supreme Court · 1999
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