Legal Opinion

Silander v. Gronna

North Dakota Supreme Court

Decided June 21, 1906PublishedCited by 25 opinions

Appeal from District Court, Nelson county; Fisk, J. Action by John Silander against A. J. Gronna. From a judgment in favor of plaintiff, defendant appeals. Failure of wife to join in contract for sale of homestead renders it unenforcible, and bars claim for damages. Weitzner v. Thingstad, 56 N. W. 817. Where parties to a compromise suppose that they are settling a valid claim, this is sufficient.

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Appeal from District Court, Nelson county; Fisk, J. Action by John Silander against A. J. Gronna. From a judgment in favor of plaintiff, defendant appeals. Failure of wife to join in contract for sale of homestead renders it unenforcible, and bars claim for damages. Weitzner v. Thingstad, 56 N. W. 817. Where parties to a compromise suppose that they are settling a valid claim, this is sufficient. Hansen v. Gaar Scott & Co., 65 N. W. 254. Disputes based on questions of law are subjects of compromise. Pom. Eq. Jur. section 894; 1 A. and E. Enc. Law, 420. The law favors a compromise and…

1Opinion of the CourtMorgan, C. J.

Plaintiff brought this action for an accounting and for the release and cancellation of certain mortgages and liens held by the defendant upon his real estate. The defendant answered and set forth all his mortgages, liens, claims and promissory notes against the plaintiff. After a trial the district court made findings of fact and conclusions of law, in defendant’s favor. The plaintiff did not perfect an appeal from such judgment. The trial court disallowed a certain claim of $75, which the defendant contended should have been allowed as a valid claim in his favor, and against the plaintiff.…

2Cases cited12 opinions

  1. Weitzner v. ThingstadSupreme Court of Minnesota · 1893
  2. Greenlee v. MosnatSupreme Court of Iowa · 1902
  3. Helgebye v. DammenNorth Dakota Supreme Court · 1904
  4. Cowgell v. WarringtonSupreme Court of Iowa · 1885
  5. Rued v. CooperCalifornia Supreme Court · 1897

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Dixon v. KaufmanNorth Dakota Supreme Court · 1953
  2. Dieter v. FraineNorth Dakota Supreme Court · 1910
  3. Larson v. ColeNorth Dakota Supreme Court · 1948
  4. Rosenthal v. PleckWisconsin Supreme Court · 1918
  5. Nelson v. JenkinsCourt of Appeals of Texas · 1948

20 more not listed; retrieve them via the Exa API.

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