Merchants State Bank v. Ruettell
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the Merchants’ State Bank of Fargo against Harry D. Ruettell. Judgment for plaintiff, and defendant appeals. Defendant should have been permitted to show the true consideration for the use of the land. The consideration is always open to investigation when such investigation and proof attending it do not tend to change in other respects the contract, or destroy it.
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Appeal from District Court, Cass county; Pollock, J. Action by the Merchants’ State Bank of Fargo against Harry D. Ruettell. Judgment for plaintiff, and defendant appeals. Defendant should have been permitted to show the true consideration for the use of the land. The consideration is always open to investigation when such investigation and proof attending it do not tend to change in other respects the contract, or destroy it. Jones on Ev., 475; Greenleaf on Ev., section 304; Hendrick v. Crowley, 31 Cal. 476; Halpin v. Stone, 78 Wis. 183, 47 N. W. Rep. 177. Under the clause in the lease…
1Opinion of the CourtMorgan, J.
The plaintiff sues to recover $200 as rent for the use and occupation of a farm under a lease from the owner. The complaint sets forth the lease in full, and an assignment of it to the plaintiff. One Browning was the owner of the land, and in April, 1899, leased it in writing to the defendant, Ruettell, for one year, for the sum of $200, to be paid in advance. The lease contained a proviso that defendant had the option to extend the lease for another year from April, 1900. In January, 1900, the owner of the land, Browning, assigned the lease to plaintiff. Upon receiving the assignment,…
2Cases cited19 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Reeder v. . SayreNew York Court of Appeals · 1877
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Chapman v. McGrewIllinois Supreme Court · 1858
- Loach v. FarnumIllinois Supreme Court · 1878
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3Cited by10 opinions
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Farley v. LettermanWashington Supreme Court · 1915
- State Ex Rel. City of Bismarck v. District CourtNorth Dakota Supreme Court · 1934
- Peterson v. McCarneyNorth Dakota Supreme Court · 1977
- Wadsworth v. OwensNorth Dakota Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.