Legal Opinion

Botnen v. Eckre

North Dakota Supreme Court

Decided February 6, 1919PublishedCited by 5 opinions

From a judgment of the District Court of Richland County, Allenf J., defendant appeals. “When there is no contract or usage to the contrary the rental paid for land is presumed to be for one year.” Comp. Laws 1913, §§ 6092-6096. “In replevin the value of the property at the time of its talcing is the correct and only measure of damages.” Comp.

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From a judgment of the District Court of Richland County, Allenf J., defendant appeals. “When there is no contract or usage to the contrary the rental paid for land is presumed to be for one year.” Comp. Laws 1913, §§ 6092-6096. “In replevin the value of the property at the time of its talcing is the correct and only measure of damages.” Comp. Laws 1913, § 7635; Morris, Replevin, p. 193; 34 Cyc. 1570, 1571; Cobbey, Re-plevin, p. 511; Nichols & S. Co. v. Paulson, 10 N. D. 440; McLeod v.. Capehart, 52 N. W. 381. “In actions at law, unless the sufficiency of the evidence to sustain the findings,…

1Opinion of the Court

Christianson, Ch. J.

This is an action to recover the possession of 60 tons of hay, or in case a recovery thereof cannot be had, the value thereof, which is alleged to be $750. The answer is in effect a general denial. The case was tried to the court without a jury. The court made findings of fact in favor of the plaintiff, and fixed the value of *516the bay at $600. Judgment was entered upon tbe findings, and defendant appeals.

Tbe evidence shows that tbe bay involved in tbis controversy was grown upon land belonging to one Hellestvedt. Some of tbe land was under cultivation and some of it was hay…

2Cases cited1 opinion

  1. State Bank v. MaierNorth Dakota Supreme Court · 1916

3Cited by5 opinions

  1. Baird v. First National BankNorth Dakota Supreme Court · 1931
  2. Lark Equity Exchange v. JonesNorth Dakota Supreme Court · 1919
  3. Fuller v. ReedNorth Dakota Supreme Court · 1931
  4. Baird v. NicholsonNorth Dakota Supreme Court · 1931
  5. Ranson County Farmers Bank v. CavettNorth Dakota Supreme Court · 1923

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