Van Dusen v. Bigelow
North Dakota Supreme Court
Appeal from District Court, Stutsman county, Lauder, J. Action by Celestia E. Van Dusen against Benjamin F. Bigelow. Judgment for plaintiff, and defendant appeals. Power to superinted, make contracts, release and bind as to personal and -real property, does not constitute agency to sell real estate. Authority to sell real estate must be clear, concise and express.
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Appeal from District Court, Stutsman county, Lauder, J. Action by Celestia E. Van Dusen against Benjamin F. Bigelow. Judgment for plaintiff, and defendant appeals. Power to superinted, make contracts, release and bind as to personal and -real property, does not constitute agency to sell real estate. Authority to sell real estate must be clear, concise and express. Billings v. Morrow, 7 Cal. 172; Lord et al. v. Sherman, 2 Cal. 498; Jones v. Marks et al., 47 Cal. 242; De Rutte v. Muldrow, 16 Cal. 505; Treat et al. v. De Celis, 41 Cal. 202; Hay v. Mayer, 34 Am. Dec. 453. Plaintiff having…
1Opinion of the CourtMorgan, J.
This equitable action is brought for a reconveyance of certain real estate which was conveyed to the defendant by the plaintiff while defendant is alleged to have been plaintiff’s agent for the sale of such real estate and failed to communicate to plaintiff that he had received an offer for said land for a much larger sum than that for which the plaintiff sold the same to the defendant. The substance of the allegations of the complaint is that defendant took advantage of the confidence reposed in him by plaintiff as her agent and purchased the land himself, under fraudulent concealment of…
2Cases cited10 opinions
- Davis v. HamlinIllinois Supreme Court · 1883
- Cook v. Berlin Woolen Mill Co.Wisconsin Supreme Court · 1877
- Jansen v. WilliamsNebraska Supreme Court · 1893
- Cottom v. HollidayIllinois Supreme Court · 1871
- Rubidoex v. ParksCalifornia Supreme Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Werlinger v. Champion Healthcare Corp.North Dakota Supreme Court · 2000