Paulson v. Reeds
North Dakota Supreme Court
Appeal from District Court of Richland County, A. T. Cole, J. It is the law that where a party sues on an express contract he cannot recover on an implied contract, nor on a quantum meruit. 9 Cyc. 749 et seq., Wernli v. Collins (Iowa) 54 N. W. 364; Morrow v. Board ■of Education (S. D.) 64 N. W. 1126; Ball v. Dolan (S. D.) 114 N. W. 998; 2 Enc.
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Appeal from District Court of Richland County, A. T. Cole, J. It is the law that where a party sues on an express contract he cannot recover on an implied contract, nor on a quantum meruit. 9 Cyc. 749 et seq., Wernli v. Collins (Iowa) 54 N. W. 364; Morrow v. Board ■of Education (S. D.) 64 N. W. 1126; Ball v. Dolan (S. D.) 114 N. W. 998; 2 Enc. PI. & Pr. 990. The gist of appellant’s entire contention is that if respondent furnished to the appellant a buyer who was ready, able, and willing to buy the land on the terms of the listing contract, and this appellant ■so sold his land, or arbitrarily…
1Opinion of the CourtBirdzell, J.
This is the third appeal in an action wherein the plaintiff sues to recover commissions upon the sale of 800 acres of land. Upon the first appeal (Paulson v. Reeds, 24 N. D. 211, 139 N. W. 1135) the respondent confessed error which resulted in the reversal of a judgment for $700 in his favor. Upon the second appeal the judgment was for $1,200, wdiich judgment was reversed for error in instructions to the jury (Paulson v. Reeds, 33 N. D. 141, 156 N. W. 1031). The facts necessary to an understanding of'the case have been previously stated, and it is not necessary to restate them in extenso.…
2Cases cited6 opinions
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Paulson v. ReedsNorth Dakota Supreme Court · 1916
- Reiger v. BiggerMissouri Court of Appeals · 1888
- Anderson v. JohnsonNorth Dakota Supreme Court · 1907
- Paulson v. ReedsNorth Dakota Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Koffel v. RhudNorth Dakota Supreme Court · 1922
- Paulson v. ReedsNorth Dakota Supreme Court · 1921
- Red River Valley Land Co. v. HutchinsonNorth Dakota Supreme Court · 1918
- Neff v. SchraderNorth Dakota Supreme Court · 1922
- Paulson v. ReedsNorth Dakota Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.