Martin v. Luger Furniture Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Terence Martin against Ferdinand Luger and Peter Luger, co-partners under the firm name of the Luger Furniture Company. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtCorliss, C. J.
The decision of this case turns upon the construction of a written instrument. The object of the action was to recover the amount of a subscription made by defendants as a bonus to aid the plaintiff in remodeling a building in the City of Fargo. No question touching the validity of the contract sued on is made by the defendants; they contending against their liability on the sole ground that plaintiff had failed to perform a condition precedent. As the facts are undisputed, it is obvious that the only inquiry is whether the agreement requires the performance by the plaintiff of the act which…
2Cited by1 opinion
- Martin v. Luger Furniture Co.North Dakota Supreme Court · 1898