Schafer v. Olson
North Dakota Supreme Court
Appeal from the District Court for Nelson County; O. F. Templeton, J. From a judgment in favor of plaintiff, defendant appeals. The People’s State Bank of Dakota was the agent of Schafer, and not the agent of Olson, in closing the land transaction. Rev. Codes, Sec. 5753; Welge v. Batty, 11 Ill. App. 461; McMullen v. People’s Sav. & L. Asso. 51 Minn. 33, 58 N. W. 820; Waldman v. North British & M. Ins. Co. 91 Ala. 170, 24 Am.
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Appeal from the District Court for Nelson County; O. F. Templeton, J. From a judgment in favor of plaintiff, defendant appeals. The People’s State Bank of Dakota was the agent of Schafer, and not the agent of Olson, in closing the land transaction. Rev. Codes, Sec. 5753; Welge v. Batty, 11 Ill. App. 461; McMullen v. People’s Sav. & L. Asso. 51 Minn. 33, 58 N. W. 820; Waldman v. North British & M. Ins. Co. 91 Ala. 170, 24 Am. St. Rep. 883, 8 So. 666; McCarty v. Eremont, 23 Cal. 197; Sayre v. Nichols, 7-Cal. 535, 68 Am. Dec. 280; Ingraham v. Whitmore, 75 Ill. 24; Renwick v. Bancroft, 56 Iowa,…
1DissentBeuoe, J.
On a maturer consideration, I am satisfied that this court erred in its former opinion, and that the judgment in this case should be affirmed. I am quite satisfied that the People’s-*559State Bank, of Lakota, was tbe agent of tbe respondent, Scbafer, for tbe delivery of tbe deed and tbe receiving and transmission of tbe money. I am led to tbis belief principally by tbe fact that before tbe transaction could be culminated there must bave been a delivery of tbe deed. Before tbe delivery was authorized in any way, however, payment was required to be made, and there was no une authorized to make tbe…
2Cases cited10 opinions
- Ward v. SmithSupreme Court of the United States · 1869
- Hurley v. WatsonMichigan Supreme Court · 1888
- British & American Mortgage Co. v. TibballsSupreme Court of Iowa · 1884
- State Bank v. ByrneMichigan Supreme Court · 1893
- National Bank of Commerce v. JohnsonNorth Dakota Supreme Court · 1896
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