Gile v. Interstate Motor Car Co.
North Dakota Supreme Court
Appeal from District Court, Nelson County, O. F. Templeton, J* From an order granting a new trial, defendant appeals. The action for money had and received only lies in those cases where the defendant has received money, or its equivalent which in equity and good conscience belongs to the plaintiff. Krump v. First State Bank, 8 N. D. 75, 76 N. "W. 995; Logan v. Freerks, 14 N. D. 127, 103 N. W. 426; Martin ,v. Toyer, 19 N. D. 504, 125 N. W. 1027; Siems v. Pierre Sav.
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Appeal from District Court, Nelson County, O. F. Templeton, J* From an order granting a new trial, defendant appeals. The action for money had and received only lies in those cases where the defendant has received money, or its equivalent which in equity and good conscience belongs to the plaintiff. Krump v. First State Bank, 8 N. D. 75, 76 N. "W. 995; Logan v. Freerks, 14 N. D. 127, 103 N. W. 426; Martin ,v. Toyer, 19 N. D. 504, 125 N. W. 1027; Siems v. Pierre Sav. Bank, 7' S.. D. 338, 64 N. W. 167; 15 Am. & Eng. Enc. Law, 1096; 27 Cyc. 849. Money paid in the fulfilment of a valid contract…
1Opinion of the CourtFisk, J.
On October 8, 1910, the parties entered into the following written agreement:
This agreement, made this 8th day of October, a. d. 1910, at Dakota, N. D., between the Interstate Motor Car Company, party of the first part (hereinafter known as the distributers), and W. D. Gile, party of the second part (hereinafter known as the dealer); witnesseth:(1) That the distributers hereby grant unto said dealer the right to sell Interstate cars in the following described territory, to wit: Williams, McKenzie, Billings, Bowman, Burke, Montraile, Dunn, Stark, Hettinger, and Adams counties. (The Interstate…
2Cases cited13 opinions
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Velie Motor Car Co. v. Kopmeier Motor Car Co.Court of Appeals for the Seventh Circuit · 1912
- Oakland Motor Car Co. v. Indiana Automobile Co.Court of Appeals for the Seventh Circuit · 1912
- Grove v. HodgesSupreme Court of Pennsylvania · 1867
- Krausse v. GreenfieldOregon Supreme Court · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Watchorn v. Roxana Petroleum CorporationCourt of Appeals for the Eighth Circuit · 1925
- Cape Fear Railways, Inc. v. CobbSupreme Court of North Carolina · 1925
- International Life Ins. Co. v. StuartCourt of Appeals of Texas · 1918
- Overland Southern Motor Car Co. v. Hill Bros.Supreme Court of Georgia · 1916
- Turner v. Valley National Farm Loan Assn.Supreme Court of Minnesota · 1930
3 more not listed; retrieve them via the Exa API.