Buller v. Falk
North Dakota Supreme Court
From a judgment of tbe District Court of Wells County, Coffey, J., defendants appeal. A vendor is not obliged to regard an assignment in the absence of a proper notice thereof. Comp. Laws 1913, § 7405, 39 Cyc. 1676. There is no evidence or reason why a court of equity should protect plaintiff from the effect of a statutory cancelation of the contract. Nelson v. McCabe, 163 N. W. 724. The evidence does not show any tender by plaintiff nor any offer or ability to perform.
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From a judgment of tbe District Court of Wells County, Coffey, J., defendants appeal. A vendor is not obliged to regard an assignment in the absence of a proper notice thereof. Comp. Laws 1913, § 7405, 39 Cyc. 1676. There is no evidence or reason why a court of equity should protect plaintiff from the effect of a statutory cancelation of the contract. Nelson v. McCabe, 163 N. W. 724. The evidence does not show any tender by plaintiff nor any offer or ability to perform. Beiseker v. Anderson, 116 N. W. 94. Where the party appealing does not specify that a review of the entire case is demanded,…
1Opinion of the Court
Christianson, Ch. J.
On October 18, 1915, the Citizens State Bank of Sykeston entered into a written contract with one John Boss, whereby it sold and agreed to convey unto him, or his assigns, an 80 acre tract of land in Wells county, upon the performance by said Boss of his part of the agreement. Boss agreed to pay $1,600 for the land, viz., $300 in cash, and $1,300 on demand, with 7 per cent interest from, the date of the contract. The contract also contained this stipulation'. <£It is agreed and understood that as soon as party of the second part puts up buildings on above-described…
2Cases cited2 opinions
- Craver v. ChristianSupreme Court of Minnesota · 1887
- Williams v. CoreyNorth Dakota Supreme Court · 1911
3Cited by2 opinions
- Sadler v. BallantyneNorth Dakota Supreme Court · 1978
- Sadler v. BallantyneNorth Dakota Supreme Court · 1978