Beiseker v. Amberson
North Dakota Supreme Court
Appeal from District Court, Wells county; Burke, J. Action by A. N. Beiseker against Ambrose Amberson. Demurrer to the complaint was sustained, and plaintiff appeals. Mailing acceptance of offer completes the contract. 9 Cyc. 295. Requests and suggestions do not render acceptance conditional.
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Appeal from District Court, Wells county; Burke, J. Action by A. N. Beiseker against Ambrose Amberson. Demurrer to the complaint was sustained, and plaintiff appeals. Mailing acceptance of offer completes the contract. 9 Cyc. 295. Requests and suggestions do not render acceptance conditional. Kreutzer v. Lynch, 100 N. W. 887; 9 Cyc. 269; 9 Cyc. 290; Stevenson v. McLean, 5 Q. B. D. 346; Clark v. Dales, 20 Barb. 42; Brisban v. Boyd, 4 Paige, 17; Culton v. Gilchrist, 61 N. W. 384; Stotesburg v. Massengale, 13 Mo. App. 221; Philips v. Moor, 71 Me. 78; Brown v. Cairns, 65 Pac. 1033; Cavender v.…
1Opinion of the CourtMorgan, C. J.
This, is an action for damages claimed under an alleged breach of a contract to sell and convey real estate. Thg alleged contract on which the action is based is evidenced solely by the following letters which passed between the parties and are made a part of the complaint, viz: On June 6, 1906, plaintiff wrote to the defendant as follows: “A. NL Beiseker * * * A, Amber-son, Esq., Snohomish, Wash. — Dear Sir: — Do you wish to sell your store building and lot in Harvey? If so, what is the very lowest spot cash price you will take, if I buy the place within 10 days from the time I get your…
2Cases cited11 opinions
- National Bank v. HallSupreme Court of the United States · 1880
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Kreutzer v. LynchWisconsin Supreme Court · 1904
- Gilbert v. BaxterSupreme Court of Iowa · 1887
- Langellier v. SchaeferSupreme Court of Minnesota · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Horgan v. RussellNorth Dakota Supreme Court · 1913
- Anderson v. StewartNebraska Supreme Court · 1948
- Alfson v. AndersonNorth Dakota Supreme Court · 1956
- Greenberg v. StewartNorth Dakota Supreme Court · 1975
- Knox v. McMurraySupreme Court of Iowa · 1913
10 more not listed; retrieve them via the Exa API.