Schmidt v. Beiseker
North Dakota Supreme Court
Appeal from District Court, Wells county; Burke, J. Action by John L. Schmidt against Arthur N. Beiseker. Judgment for plaintiff, and, from an order denying a new trial, defendant appeals.
1Opinion of the CourtFisk, J.
This case was here on a previous appeal (Schmidt v. Beiseker, 14 N. D. 587, 105 N. W. 1102, 5 L. R. A. [N. S.] 123, 116 Am. St. Rep. 706), and it wias there held that the contract relied upon by plaintiff, for a breach of which damages were sought, is not within the statute of frauds, as 'contended by defendant’s counsel, and the ruling of the trial court in dismissing the action upon the ground that the complaint failed to state facts sufficient to constitute a cause of action was reversed, and the cause remanded for further proceedings. For a statement of the facts, see former opinion. The…
2Cases cited9 opinions
- Cent. Pac. R.R. v. PearsonCalifornia Supreme Court · 1868
- Keithsburg & Eastern Railroad v. HenryIllinois Supreme Court · 1875
- Pennsylvania & New York Railroad & Canal Co. v. BunnellSupreme Court of Pennsylvania · 1871
- Kansas City & Southwestern Railroad v. EhretSupreme Court of Kansas · 1889
- Leroy & Western Railway Co. v. HawkSupreme Court of Kansas · 1888
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3Cited by14 opinions
- Stetson v. Investors Oil, Inc.North Dakota Supreme Court · 1966
- Enget Ex Rel. Enget v. NeffNorth Dakota Supreme Court · 1950
- In Re State to Issue Bonds to Fund IndebtednessSupreme Court of Oklahoma · 1913
- Asbury Hospital v. Cass CountyNorth Dakota Supreme Court · 1944
- Newman Signs, Inc. v. HjelleNorth Dakota Supreme Court · 1982
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