Eckstrand v. Johnson
North Dakota Supreme Court
Appeal from the District Court of Mountrail County, Fish, J. Defendant appeals from an order denying a new trial. On a motion for a new trial based on the ground of newly discovered evidence, and the showing is such that on a new trial the jury ought to return a different verdict, the motion should be granted. Where the plaintiff declares upon an express contract to pay a specific price or sum, he must prove the contract as alleged, or fail.
Read the full summary
Appeal from the District Court of Mountrail County, Fish, J. Defendant appeals from an order denying a new trial. On a motion for a new trial based on the ground of newly discovered evidence, and the showing is such that on a new trial the jury ought to return a different verdict, the motion should be granted. Where the plaintiff declares upon an express contract to pay a specific price or sum, he must prove the contract as alleged, or fail. Lowe v. Jensen (N. D.) 132 N. W. 66; 9 Cyc. 749 and cases cited. The question here is not whether a new trial should be granted, or not, but whether or…
1Opinion of the CourtChristianson, J.
Plaintiff brought this action to recover for certain work and labor performed by him for the defendant during the year 1915. In his complaint, plaintiff alleges that he performed such work and labor “for the defendant at the agreed price and actual value of $291.05,” and that there remains due, after allowing credit for payments made, the sum of $205.80, with interest. The defendant in his answer admits that he hired the plaintiff and that plaintiff performed certain services, but “specifically denies that there was any agreement as to the compensation which defendant was to pay said…
2Cases cited8 opinions
- Aylmer v. AdamsNorth Dakota Supreme Court · 1915
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- State v. CrayNorth Dakota Supreme Court · 1915
- Reid v. EhrNorth Dakota Supreme Court · 1917
- Wagoner v. BodalNorth Dakota Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Peterson v. BoberNorth Dakota Supreme Court · 1952
- Strom v. StromNorth Dakota Supreme Court · 1956