Legal Opinion · Dissent

Black v. North Dakota State Fair Ass'n

North Dakota Supreme Court

Decided March 22, 1917Published

Appeal from the District Court of Grand Forks County, Honorable Chas. M. Cooley, J. It is a well-established rule that when a contract, doubtful in meaning as to any of its terms, has been prepared by one party, it shall be construed favorably to the other party and most consistent with the right of the case, and so as to accomplish the objects and purposes the parties had in view and so as not to impair or render nugatory the rights of either party.

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Appeal from the District Court of Grand Forks County, Honorable Chas. M. Cooley, J. It is a well-established rule that when a contract, doubtful in meaning as to any of its terms, has been prepared by one party, it shall be construed favorably to the other party and most consistent with the right of the case, and so as to accomplish the objects and purposes the parties had in view and so as not to impair or render nugatory the rights of either party. Wyatt v. Larmer & W. Irrig. Co. 18 Colo. 298, 36 Am. St. Rep. 280, 33 Pac. 144; Noonan v. Bradley, 9 Wall. 395, 19 L. ed. 757; Kentzler v.…

1Dissent

Bruce, Ch. J.

(dissenting). This is an action for the breach of . a concession for the sale of ice cream and similar articles in the grand stand at the state fair. The written concession was as follows:

Grand Forks, N. D., 7-7-15.

This agreement witnesseth, That the North Dakota State Fair Association for Grand Forks leases to J. N. Black, concessioner, space as follows: Grand-stand privilege, eats, drinks, candy, etc., to be used exclusively for eats, drinks, candy, etc., during July 20-24, for which the concessioner agrees to pay $200 on demand.

Receipt of $50 is hereby acknowledged. It is…

2Cases cited16 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. Thomas v. . ScuttNew York Court of Appeals · 1891
  3. Minear v. State Board of AgricultureIllinois Supreme Court · 1913
  4. Melvin v. StateCalifornia Supreme Court · 1898
  5. Lane v. Minnesota State Agricultural SocietySupreme Court of Minnesota · 1895

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