Nasset v. Houska
North Dakota Supreme Court
Appeal from a judgment of the District Court of Rolette County, A. G. Burr, J. That Houska was the agent of the plaintiff and that she is bound by liis acts in the premises. See: 21 R. C. L. (principal and agents ¶ 5, 6 and 25). Luke v. Griggs, 4 Dak. 287, 30 N. W. 170, 31 Cyc. p. 1215; 31 Cyc. p. 1566, ¶ E. The retention of the money tendered by Martin constitutes an estoppel. Dowagiac Mfg. Co. v. Mellekson, 13 N. D. 257, 100 N. W. 717; Russel v. Waterloo Thresh. Mach.
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Appeal from a judgment of the District Court of Rolette County, A. G. Burr, J. That Houska was the agent of the plaintiff and that she is bound by liis acts in the premises. See: 21 R. C. L. (principal and agents ¶ 5, 6 and 25). Luke v. Griggs, 4 Dak. 287, 30 N. W. 170, 31 Cyc. p. 1215; 31 Cyc. p. 1566, ¶ E. The retention of the money tendered by Martin constitutes an estoppel. Dowagiac Mfg. Co. v. Mellekson, 13 N. D. 257, 100 N. W. 717; Russel v. Waterloo Thresh. Mach. Co. 17 N. D. 248, 116 N. W. 611; Townsend v. Kennedy, 6 S. D. 47, 60 N. W. 164; Union Trust Co. '■v. Phillips 7 S. D. 225,…
1Opinion of the CourtGrace, C. J.
This is an appeal from a judgment of the district court entered in plaintiff’s favor against the defendants. The action is one to quiet title to a certain tract of land situated in Rolette county, and described as the S. W. % of section 10 in township 159 north, range 69. The complaint is largely in statutory form. Martin claims to be the owner in fee of the premises since October, 1917. The source of his claim is shaven by ¶ 4 of the answer, which is as follows:
“Further answering plaintiff’s complaint, your defendants allege *670that under date of July 26, 19x7, plaintiff entered into a certain…
2Cases cited3 opinions
- Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
- Moody v. HagenNorth Dakota Supreme Court · 1917
- Skarderud v. Tax CommissionSupreme Court of the United States · 1917
3Cited by5 opinions
- Schwarting v. SchwartingNorth Dakota Supreme Court · 1984
- Hanson v. HouskaNorth Dakota Supreme Court · 1921
- Schwarting v. SchwartingNorth Dakota Supreme Court · 1984
- Schwarting v. SchwartingNorth Dakota Supreme Court · 1984
- Schwarting v. SchwartingNorth Dakota Supreme Court · 1984