E. J. Lander & Co. v. Deemy
North Dakota Supreme Court
From a judgment of the District Court of Ward County, Leighton> J., defendant appeals. “Retrospective laws that violate no principle of natural justice, but that, on the contrary, are in furtherance of equity and good morals, are not unconstitutional because retrospective.” Cuyahoga Falls Real Estate Asso. v. McOaughy, 2 Ohio St. 152. The question of reasonable time is one primarily for the legislature to determine.
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From a judgment of the District Court of Ward County, Leighton> J., defendant appeals. “Retrospective laws that violate no principle of natural justice, but that, on the contrary, are in furtherance of equity and good morals, are not unconstitutional because retrospective.” Cuyahoga Falls Real Estate Asso. v. McOaughy, 2 Ohio St. 152. The question of reasonable time is one primarily for the legislature to determine. The courts cannot fix a time different from that fixed by the legislature within which suits may be brought, nor, if the legislature fails to fix any time, can the courts supply…
1Opinion of the Court
Christianson, Ch. J.
In 1916 the defendant purchased of the plaintiff certain real property situated in the city of Kenmare in this state, and received a contract for deed therefor. Under the laws then in force it was provided that in case default is made in the terms or conditions of a contract for the future conveyance of real estate, and the owner or vendor desires to cancel the same, “he shall, within a reasonable time after such default, cause a written notice to be served upon the vendee, purchaser, or his assigns, stating that such default occurred, and that said contract will be…
2Cases cited36 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Edwards v. KearzeySupreme Court of the United States · 1878
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCracken v. HaywardSupreme Court of the United States · 1844
- Brine v. Insurance Co.Supreme Court of the United States · 1878
31 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State Ex Rel. Cleveringa v. KleinNorth Dakota Supreme Court · 1933
- Gimble v. Montana-Dakota Utilities Co.North Dakota Supreme Court · 1950
- State Ex Rel. Eckroth v. BorgeNorth Dakota Supreme Court · 1939
- Central Union Trust Co. of N.Y. v. BlankSupreme Court of Minnesota · 1926
- State ex rel. Farmers State Bank v. WallaceNorth Dakota Supreme Court · 1922
18 more not listed; retrieve them via the Exa API.