Johnson v. Kindred State Bank
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by C. M. Johnson and George Hal'land against' the Kindred State Bank. From a judgment of dismissal, entered for defendant after' an order sustaining a demurrer to the complaint, plaintiff appeals. s Parol evidence is admissible to explain a written contract which is equally capable of two constructions.
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Appeal from District Court, Cass county; Pollock, J. Action by C. M. Johnson and George Hal'land against' the Kindred State Bank. From a judgment of dismissal, entered for defendant after' an order sustaining a demurrer to the complaint, plaintiff appeals. s Parol evidence is admissible to explain a written contract which is equally capable of two constructions. Ripon College v. Brown, 68 N. W. Rep. 837. To vary elements of contract, admissible, Ingersoll v. Truebody, 40 Cal. 603. If equally susceptible of two constructions, Lee et al. v. Cravens et al., 48 Pac. Rep. 159; McPhee et al. v.…
1Opinion of the CourtCochrane, J.
The complaint alleges the incorporation of defendant; that plaintiff Johnson is the owner and Halland the mortgagee of the leased premises; that on June 21, 1900, plaintiffs and defendant entered into a written lease of the described property, a copy of which is attached to the complaint as “Exhibit A,” and made a part of the complaint; that defendant was required by the terms of this written lease to write $400 insurance on the building on the leased premises; that it' was agreed and understood between the parties that said insurance should be maintained and kept in force by defendant in…
2Cases cited10 opinions
- Hunt v. WhiteTexas Supreme Court · 1859
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Freiberg, Kline & Co. v. MagaleTexas Supreme Court · 1888
- Hei v. HellerWisconsin Supreme Court · 1881
- Godkin v. MonahanCourt of Appeals for the Seventh Circuit · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Zimmer v. BellonNorth Dakota Supreme Court · 1967
- Putnam v. ProutyNorth Dakota Supreme Court · 1913
- Alsterberg v. BennettNorth Dakota Supreme Court · 1905
- Embden State Bank v. SheaNorth Dakota Supreme Court · 1923
- Sogn v. KoetzleSouth Dakota Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.