Haugen v. Skjervheim
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Aotion by George O. Haugen against Ole C. Skjervheim. Judgment for defendant, and plaintiff appeals. A collateral covenant restraining the assigning of an agreement will not be enforced in equity where it appears in the contract that such restraint is but an incident to tlje objects of the principal covenants which have been substantially performed. Griggs v..
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Appeal from District Court, Grand Forks county; Fisk, J. Aotion by George O. Haugen against Ole C. Skjervheim. Judgment for defendant, and plaintiff appeals. A collateral covenant restraining the assigning of an agreement will not be enforced in equity where it appears in the contract that such restraint is but an incident to tlje objects of the principal covenants which have been substantially performed. Griggs v.. Landis, 21 N. J. Eq. 494; Pomeroy on Contracts, (2d Ed.) chapiter 1; Pomeroy on Specific Performance of Contracts, (2d Ed.) section 314; Ross v. Page, li N. D. 458, 92 N. W. 822.…
1Opinion of the CourtMorgan, C. J.
The plaintiff seeks to compel the defendant to specifically perform a written contract for the sale of real estate upon what is commonly called the “crop-payment plan.” The contract was entered into between the defendant and one Hegre on the 4th day of May, 1898, and filed for record by, the defendant on June 27, 1899, in the office of the register of deeds of Grand Forks county. The contract provided that said Hegre should pay $2,850 for the land (160 acres), by delivering at a specified elevator, in defendant’s name, not less than one-half of all the crops grown on said land, free of all…
2Cases cited2 opinions
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Mahon v. LeechNorth Dakota Supreme Court · 1902
3Cited by6 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Dean v. SmithNorth Dakota Supreme Court · 1924
- Cutwright v. Union Savings & Investment Co.Utah Supreme Court · 1908
- Doolittle v. NurnbergNorth Dakota Supreme Court · 1914
- Security State Bank v. WernickNorth Dakota Supreme Court · 1924
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