Fargusson v. Talcott
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Owen Fargusson against Frank S. Talcott and Gertrude S. Talcott, to determine adverse claims to real property. From a judgment directing plaintiff to execute to defendants a warranty deed on their payment to him of the amount'found, the plaintiff appeals.
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Appeal from District Court, Cass County; McConnell, J. Action by Owen Fargusson against Frank S. Talcott and Gertrude S. Talcott, to determine adverse claims to real property. From a judgment directing plaintiff to execute to defendants a warranty deed on their payment to him of the amount'found, the plaintiff appeals. Evidence of the practical construction given to a contract by the parties thereto in their dealings under it may be considered in determining a proper construction. Hosmer v. McDonald, 49 N. W. Rep. 112; First Nat. Bank v. Jagger, 41 Minn. 308, 43 N. W. Rep. 70. Where the time…
1Opinion of the CourtCorliss, C. J.
In this action instituted to determine adverse claims to real property under § 5904, Rev. Codes, the defendants have set up an equitable interest in the land involved by virtue of a written contract with the plaintiff for the purchase thereof, and pray that the court decree specific performance of such agreement. There is practically no controversy about the facts. The land agreed to be sold consisted of a whole section. The contract was made in the spring of 1892. The purchase price was to be paid by the delivery to the plaintiff of 15,000 bushels of No. 1 Northern wheat, 3,000 bushels…
2Cases cited4 opinions
- Nearing v. CoopNorth Dakota Supreme Court · 1897
- Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
- Moen v. LillestalNorth Dakota Supreme Court · 1895
- Lloyd v. PowersSupreme Court Of The Territory Of Dakota · 1885
3Cited by33 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- E. E. E., Inc. v. HansonNorth Dakota Supreme Court · 1982
- Van Dyke v. ColeSupreme Court of Vermont · 1908
- Zent v. ZentNorth Dakota Supreme Court · 1979
- Pier v. LeeSouth Dakota Supreme Court · 1901
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