Carns v. Puffett
North Dakota Supreme Court
• Appeal from District Court of Dunn County, Honorable W. C. Crawford, Judge. A definite and unconditional acceptance in the option (offer) is not avoided or rendered uncertain or conditional by matter contained in the acceptance concerning the method of performance, or where payment should be made, etc.
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• Appeal from District Court of Dunn County, Honorable W. C. Crawford, Judge. A definite and unconditional acceptance in the option (offer) is not avoided or rendered uncertain or conditional by matter contained in the acceptance concerning the method of performance, or where payment should be made, etc. Horgan v. Russell, 24 N. D. 490; 33 W. Va. 738, 11 S. E. 220. If, contemporaneously with or subsequent to the making of the contract, either party suggest, request, or propose a time, place, or mode of performance different from that agreed upon, that does not of itself effect such change,…
1Opinion of the CourtGrace, J.
The action is one for specific performance. The complaint in substance avers that on or about the 5th day of April, 1918, the defendant entered into a written contract with the plaintiff to sell him lot 6, block 2, in the town of Manning, county of Dunn, this state, for the sum of $500; that the defendant agreed to deliver a good title to the premises by delivery of a deed, the premises to be free from encumbrances; whereupon the plaintiff should execute and deliver *441to the defendant a mortgage on the premises for $500, to secure his note for that sum.
The plaintiff furthers avers his readiness…
2Cases cited2 opinions
- Beiseker v. AmbersonNorth Dakota Supreme Court · 1908
- Kvale v. KeaneNorth Dakota Supreme Court · 1918
3Cited by4 opinions
- Molokai Ranch, Ltd. v. MorrisHawaii Supreme Court · 1942
- Greenberg v. StewartNorth Dakota Supreme Court · 1975
- Pollak v. RobertsNorth Dakota Supreme Court · 1920
- Swanson v. LinderNorth Dakota Supreme Court · 1948