Cotton v. Butterfield
North Dakota Supreme Court
Appeal from District Court, Emmons county; Winchester, J. Action by Bertha M. Cotton against J. C. Butterfield and John F. Demaris. Judgment for 'plaintiff, and defendants appeal. By commencing an action on the contract for damages, plaintiff ratified it, and by accepting said benefits under it, as were in his favor, will be held bound by all of its obligations.
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Appeal from District Court, Emmons county; Winchester, J. Action by Bertha M. Cotton against J. C. Butterfield and John F. Demaris. Judgment for 'plaintiff, and defendants appeal. By commencing an action on the contract for damages, plaintiff ratified it, and by accepting said benefits under it, as were in his favor, will be held bound by all of its obligations. Sections 3864-3865, Rev. Codes 1895; Morris v. Ewing et al., 8 N. D. 99, 76 N. W. 1047; Wyckoff v. Johnson, 48 N. W. 837; Union Trust Co. v. Phillips et al., 63 N. W. 903. ■Where a contract calls for the payment of a stipulated sum,…
1Opinion of the CourtEngerud, J.
Plaintiff brought this action in district court to recover a sum of money which she claims to' be entitled to by reason of the alleged failure and refusal of defendants to perform a contract for the sale by them to her of a farm. The answer, besides putting in issue some of the facts constituting the plaintiff’s cause of action, pleaded a counterclaim for the specific performance of the contract, upon which the plaintiff based her cause of action, and the plaintiff replied. The action was tried by the court without a jury, and resulted in a judgment for plaintiff. Defendants have appealed…
2Cases cited7 opinions
- Martin v. ZellerbachCalifornia Supreme Court · 1869
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Lombard v. CowhamWisconsin Supreme Court · 1874
- Finlayson v. PetersonNorth Dakota Supreme Court · 1902
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3Cited by7 opinions
- Bumann v. MaurerNorth Dakota Supreme Court · 1972
- Murray v. MutschelknausNorth Dakota Supreme Court · 1940
- Pipan v. &198tna Ins. Co.North Dakota Supreme Court · 1927
- Gran v. GranNorth Dakota Supreme Court · 1940
- State Ex Rel. Coan v. Plaza Equity Elevator Co.North Dakota Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.