Paulson v. Reeds
North Dakota Supreme Court
Appeal from the District Court of Richland County, Pollock, J. It is the law that where a party sues on an express contract he cannot recover on an implied contract or on quantum meruit. 9 Cyc. 749, et seq.; Wernli v. Collins, 87 Iowa, 548, 54 N. W. 365; Morrow v. Board of Education, 7 S. D. 553, 64 N. W. 1126; Ball v. Dolan, 21 S. D. 619, 15 L.R.A.(N.S.) 272, 114 N. W. 998; 2 Enc.
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Appeal from the District Court of Richland County, Pollock, J. It is the law that where a party sues on an express contract he cannot recover on an implied contract or on quantum meruit. 9 Cyc. 749, et seq.; Wernli v. Collins, 87 Iowa, 548, 54 N. W. 365; Morrow v. Board of Education, 7 S. D. 553, 64 N. W. 1126; Ball v. Dolan, 21 S. D. 619, 15 L.R.A.(N.S.) 272, 114 N. W. 998; 2 Enc. PI. & Pr. 990. While an appellate court will not disturb a judgment for an immaterial error, yet it should appear beyond a doubt that the error of which complaint is made did not and could not have prejudiced the…
1Opinion of the CourtBurke, J.
Defendant listed 800 acres of land for sale. Unfortunately, tbe contract was not reduced to writing, and there is a dispute not only as to tbe price and terms wbicb be desired, but tbe amount of commission wbicb be should pay. Plaintiff’s version is tbat first in 1909, again in January, 1910, at least once between January and June, and again on June 28, 1910, tbe subject of commissions was discussed. Tbat just prior to tbe sale itself when tbe contracts with tbe purchaser were awaiting signature, defendant promised to pay bis commission upon tbe sale actually made.
He testifies:
After be…
2Cases cited10 opinions
- Francis v. BakerSupreme Court of Minnesota · 1890
- Huntemer v. ArentSouth Dakota Supreme Court · 1903
- Hopkins v. Town of Rush RiverWisconsin Supreme Court · 1887
- Louva v. WordenNorth Dakota Supreme Court · 1915
- Ward v. McQueenNorth Dakota Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gohl v. BechtoldNorth Dakota Supreme Court · 1917
- Paulson v. ReedsNorth Dakota Supreme Court · 1918
- Grangaard v. BetzinaNorth Dakota Supreme Court · 1916
- Koffel v. RhudNorth Dakota Supreme Court · 1922
- Paulson v. ReedsNorth Dakota Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.