Kennedy v. Stonehouse
North Dakota Supreme Court
Appeal from District Court, Grand Forks county, Fisk, J. Action by John D. Kennedy against Anthony Stonehouse. Judgment for plaintiff and defendant appeals. Words of contract against the principal may be disregarded as surplusage, and the action brought against the prinicpal on the contract itself. Cochran v. Baker, 56 Pac. 641; White v. Madison, 26 N. Y. 117. A warranty of authority -arising by implication does not constitute a “covenant of warranty.” 8 Am. & Eng. Enc.
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Appeal from District Court, Grand Forks county, Fisk, J. Action by John D. Kennedy against Anthony Stonehouse. Judgment for plaintiff and defendant appeals. Words of contract against the principal may be disregarded as surplusage, and the action brought against the prinicpal on the contract itself. Cochran v. Baker, 56 Pac. 641; White v. Madison, 26 N. Y. 117. A warranty of authority -arising by implication does not constitute a “covenant of warranty.” 8 Am. & Eng. Enc. Law, 54; 1 Jones on Real Property and Conveyancing, 827, 833 et seq. If the action is in tort for the deceit practiced on…
1Opinion of the CourtYoung, C. J.
The plaintiff sues to recover damages for the breach of a written contract to sell and convey 160 acres of land situated in Grand Forks county. The contract in question was executed by the defendant as agent of the owner, and in her name, but wholly without her authority. The trial was to the court without a jury. Plaintiff was awarded damages in the sum of $3,142.29. The defendant has appealed from the judgment, and demands a review of the entire case in this court.
The defendant admits that he had no authority from the owner to execute the contract in question, and “that at some time he was…
2Cases cited9 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- White v. . MadisonNew York Court of Appeals · 1862
- Mott v. HicksNew York Supreme Court · 1823
- White v. SkinnerNew York Supreme Court · 1816
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by6 opinions
- Hill v. CappsMississippi Supreme Court · 1964
- Sorenson v. KribsOregon Supreme Court · 1916
- Boschker v. Van BeekNorth Dakota Supreme Court · 1909
- Kelly v. GuessMississippi Supreme Court · 1930
- Borton v. BarnesCalifornia Court of Appeal · 1920
1 more not listed; retrieve them via the Exa API.