Mahon v. Leech
North Dakota Supreme Court
Appeal from District?Court, Cass County; Pollock, J. Action by George Mahon, trustee, against W. F. Leech and others. Judgment for defendants. Plaintiff appeals. Each land contract was a written contract which cannot be altered except by another written contract or by an executed oral agreement. §3936, Rev. Codes. Foster v. Furlong, 8 N. D. 282. The contracts secured the payment of the purchase price by reserving title of the land in the vendors.
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Appeal from District?Court, Cass County; Pollock, J. Action by George Mahon, trustee, against W. F. Leech and others. Judgment for defendants. Plaintiff appeals. Each land contract was a written contract which cannot be altered except by another written contract or by an executed oral agreement. §3936, Rev. Codes. Foster v. Furlong, 8 N. D. 282. The contracts secured the payment of the purchase price by reserving title of the land in the vendors. The equitable title to the land was in the vendees and the vendor retained the legal right as security only for the purchase price. Nearing v. Coop,…
1Opinion of the CourtYoung, J.
The. plaintiff, in his capacity of trustee, and for the benefit of certain creditors of one G. A. Grover, an insolvent, seeks the specific performance of three certain contracts for the conveyance of real estate, which contracts constituted a part of the assets of the trust estate of said insolvent. The trial court found that all of the rights of Grover and all other persons in the contracts in question were wholly released and surrendered by a former trustee. Judgment was accordingly entered dismissing the action. Plaintiff has appealed from the judgment, and in a settled statement of case,…
2Cases cited14 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Fleming v. GilbertNew York Supreme Court · 1808
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Stevens v. CooperNew York Court of Chancery · 1815
- Holgate v. EatonSupreme Court of the United States · 1885
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3Cited by16 opinions
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- Ogg v. HermanMontana Supreme Court · 1924
- Henderson v. BeattySupreme Court of Iowa · 1904
- Raasch v. GouletNorth Dakota Supreme Court · 1929
11 more not listed; retrieve them via the Exa API.