Stavens v. National Elevator Co.
North Dakota Supreme Court
From a judgment of the District Court of Traill County, Pollock, J., plaintiff appeals. Where the plaintiffs right to recover is contested by defendant upon a claim of superior right, defendant cannot set up a want of demand as ■a reason for his failure to surrender. If he desires to rely upon the omission to malte demand, he should show a willingness to surrender upon proper demand.
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From a judgment of the District Court of Traill County, Pollock, J., plaintiff appeals. Where the plaintiffs right to recover is contested by defendant upon a claim of superior right, defendant cannot set up a want of demand as ■a reason for his failure to surrender. If he desires to rely upon the omission to malte demand, he should show a willingness to surrender upon proper demand. Myrick v. Bill, •3 Dalt. 284, 17 N. W. 268; Baper v. Harrison, 37 Kan. 243, 15 Pac. 219; Breitenwischer v. Clough, 111 Mich. 6, 66 Am. St. Hep. 372, 69 N. W. 88; Thompson v. Thompson, 11 N. D. 208, 91 N. W. 44,…
1Opinion of the CourtChristianson, J.
In his complaint plaintiff avers that he was the owner, and entitled to the immediate possession, of certain grain; that defendant unlawfully converted the same to its own use, to plaintiff’s damage in the sum of $1,631.84. The answer denies all the allegations of the complaint.
The evidence shows that the plaintiff was the owner of certain lands in Traill county. In February, 1914, he entered into a contract with one Halland for the cropping of these premises during the years 1914, 1915, and 1916. The cropping contract, which was in writing, contained provisions to the effect that Halland…
2Cases cited4 opinions
- State Bank v. MaierNorth Dakota Supreme Court · 1916
- State Bank v. Hurley Farmers Elevator Co.North Dakota Supreme Court · 1916
- Aronson v. OppegardNorth Dakota Supreme Court · 1907
- Wadsworth v. OwensNorth Dakota Supreme Court · 1908
3Cited by13 opinions
- Gotchy v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1923
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Andersen v. ReslerNorth Dakota Supreme Court · 1929
- First National Bank v. PaulsonNorth Dakota Supreme Court · 1939
- Fargo Loan Agency v. LarsonNorth Dakota Supreme Court · 1926
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