Roney v. H. S. Halvorsen Co.
North Dakota Supreme Court
Appeal from the District Court of Cass County, Pollock, J. Action of trover for the conversion of grain. Counterclaim for balance due on land contract. Judgment for plaintiff. Defendants appeal.
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Appeal from the District Court of Cass County, Pollock, J. Action of trover for the conversion of grain. Counterclaim for balance due on land contract. Judgment for plaintiff. Defendants appeal. Statement by Bbuoe, J. Tbis is an action brought by T. H. Eoney as trustee of the Peterson Machine Company to recover of appellants for the conversion of certain flax of the stipulated value of $1,500. The defendant, the Halvor-sen Company, secured a contract to purchase the land on which the flax was grown, from the state of North Dakota. Thereafter it contracted with one Patterson to assign its…
1Opinion of the CourtBeuce, J.
(after stating tbe facts as above). . It is quite clear from the evidence that, though the notice of the cancelation of the contract was served on J-uly 20th, 1911, neither the Halvorsen Company nor the Hammer-Condy Company made any demand for the possession of the land, nor attempted to enter thereon, until October, 1911, when they seized the flax. The service of the notice of cancelation was not in itself sufficient to confer upon the defendants any title in the grain in controversy. It is also clear that in April and prior to this time the said Honey sowed the crop in question. Such being…
2Cases cited10 opinions
- Thompson v. HowardMichigan Supreme Court · 1875
- Warren v. WardSupreme Court of Minnesota · 1904
- McNutt v. HilkinsNew York Supreme Court · 1894
- Aultman & Taylor Co. v. O'DowdSupreme Court of Minnesota · 1898
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Boeing Airplane Co. v. Aeronautical Industrial Dist. Lodge No. 751District Court, W.D. Washington · 1950
- City of Fargo v. Annexation Review Commission of Cass CountyNorth Dakota Supreme Court · 1966
- Langenes v. BullingerNorth Dakota Supreme Court · 1982
- State v. BrakkeNorth Dakota Supreme Court · 1991
- D. S. B. Johnston Land Co. v. WhippleNorth Dakota Supreme Court · 1930
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