Arnett v. Smith
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by William H. Arnett against Elmer E. Smith. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtYoung, J.
Action upon an account stated. The defendant denies that an account was ever stated between the parties, and further denies that he is indebted to the plaintiff in any sum whatever. As a further defense, and by way of counterclaim, he asks that the plaintiff be compelled to specifically perform his covenants contained in a written contract for the purchase of certain real estate situated in Cass county. The plaintiff claims that the written contract referí ed to was superseded by a settlement between the parties and his cause of action is based upon a balance claimed to be due upon such…
2Cases cited26 opinions
- Easton v. MontgomeryCalifornia Supreme Court · 1891
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Northern Pacific Railroad v. Traill CountySupreme Court of the United States · 1885
- Kromer v. . HeimNew York Court of Appeals · 1879
- City of Memphis v. BrownSupreme Court of the United States · 1874
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3Cited by13 opinions
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Hochstetler v. GraberNorth Dakota Supreme Court · 1951
- Silander v. GronnaNorth Dakota Supreme Court · 1906
- Caprito v. Grisham-Hunter CorporationCourt of Appeals of Texas · 1939
- Ink v. RohrigSouth Dakota Supreme Court · 1909
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