Block v. Donovan
North Dakota Supreme Court
Appeal from District Court, Cavalier county; Kneeshaw, J. Action by Ezra Block against E. I. Donovan. Judgment for plaintiff and defendant appeals. A clear and explicit written instrument supersedes all contemporaneous oral negotiations concerning the subject to which the same relates, and parol evidence is inadmissible. Strunk v. Smith, et ah, 66 N. W. 926; Northwestern Fuel Co. v. Bruns, 1 N. D. 137, 45 N. W. 699 ; Western Twine Co. v. Wright et al., 78 N. W. 943; Wm.
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Appeal from District Court, Cavalier county; Kneeshaw, J. Action by Ezra Block against E. I. Donovan. Judgment for plaintiff and defendant appeals. A clear and explicit written instrument supersedes all contemporaneous oral negotiations concerning the subject to which the same relates, and parol evidence is inadmissible. Strunk v. Smith, et ah, 66 N. W. 926; Northwestern Fuel Co. v. Bruns, 1 N. D. 137, 45 N. W. 699 ; Western Twine Co. v. Wright et al., 78 N. W. 943; Wm. Deering & Co. v. R. R. Russel et ah, 5 N. D. 319, 65 N. W. 691; Knudson et ah v. Grand Council of Northwestern Legion of…
1Opinion
ON REHEARING.
On the reargument appellant contends that an action for specific performance is not the proper remedy under the facts of this case. His argument proceeds upon the theory that plaintiff’s action should have been an action for the purchase price unpaid; that plaintiff deeded the land to defendant and accepted his promise to pay certain indebtedness of plaintiff’s and, having relied on such promise, the consideration for the deed was such promise, and that the consideration for the deed has not failed. This position is not in accordance with the facts. The plaintiff did not convey…
2Cases cited6 opinions
- Worrall v. . MunnNew York Court of Appeals · 1868
- Johnston v. WadsworthOregon Supreme Court · 1893
- Ferry v. ClarkeSupreme Court of Virginia · 1883
- Papin v. GoodrichIllinois Supreme Court · 1882
- Pederson v. DibbleNorth Dakota Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.