Walker v. Stimmel
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Gilbert S. Walker and Aart Korthorf, partners, under the name of Walker & Korthorf, against Smith Stimmel. Judgment for plaintiff, and defendant appeals. Failing to observe the condition precedent in a contract of sale, respondents have no right of action against appellant.
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Appeal from District Court, Cass county; Pollock, J. Action by Gilbert S. Walker and Aart Korthorf, partners, under the name of Walker & Korthorf, against Smith Stimmel. Judgment for plaintiff, and defendant appeals. Failing to observe the condition precedent in a contract of sale, respondents have no right of action against appellant. Barnes v. Rawson et al., 82 N. W. 947; First State Bank v. Thuet, 93 N. W. 1; Withers v. Moore, 74 Pac. 159; 1 Cyc. 692. Without complying with their undertakings in the contract, or pleading an excuse for the noncompliance, respondents cannot maintain this…
1Opinion of the Court
Fisk, District Judge.
This action was brought to recover for money had and received. The facts, briefly stated, are as follows: In September, 1903, defendant sold and delivered to plaintiffs a car load of flax on board car at Fleming Siding, near Casselton, in this state. The price agreed upon between the parties was 91 cents per bushel, the plaintiffs advancing to defendant thereon the sum of $900, with the understanding that plaintiffs would cause the car to be shipped to Casselton, where it should be cleaned, weighed and - tested, after giving defendant an opportunity to be present; and…
2Cases cited9 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Pendleton v. ClineCalifornia Supreme Court · 1890
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- McLean v. CrowCalifornia Supreme Court · 1891
- Withers v. MooreCalifornia Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bolen v. LigettSupreme Court of Oklahoma · 1916
- In re Richards Bros.District Court, E.D. Michigan · 1913
- Johnston v. EllisIdaho Supreme Court · 1930
- S. J. Vidger Co. v. Great Northern Railway Co.North Dakota Supreme Court · 1906