Parlin v. Hall
North Dakota Supreme Court
PPEAL from district court, Cass county; Hon. "William B. McConnell, Judge. Action by J. Y. Parlin against Mabel E. Hall and George Brandenburg on an account for goods sold and delivered to defendant Hall. Erom a judgment for plaintiff, defendant Brandenburg appeals.
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PPEAL from district court, Cass county; Hon. "William B. McConnell, Judge. Action by J. Y. Parlin against Mabel E. Hall and George Brandenburg on an account for goods sold and delivered to defendant Hall. Erom a judgment for plaintiff, defendant Brandenburg appeals. The contract sued upon was not made for the benefit of the plaintiff and the rule which allows third persons to sue upon contracts to which they are not parties is of very recent development and as yet obtains only in a few American States. Hare on Contracts, pp. 93 and 171; Pollock on Contracts, p. 200. It has been repudiated in…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
The plaintiff and respondent sold groceries to the defendant Mrs. Hall. The defendant Brandenburg was joined with her in the suit to recover the price of these groceries, the plaintiff basing his right to recover against Bran*475denburg on a written instrument. Tbe plaintiff recovered judgment against Brandenburg in the trial court. As tbe construction of tbis writing is involved, it is necessary to set it forth in full in tbis opinion: “Tbis agreement, made and entered into tbis 29th day of October, A. D. 1887, by and between George…
2Cases cited6 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Chung Kee v. DavidsonCalifornia Supreme Court · 1887
- Merrill v. . GreenNew York Court of Appeals · 1873
- Lorillard v. . ClydeNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hellman v. ThieleNorth Dakota Supreme Court · 1987
- O'Connell v. Entertainment Enterprises, Inc.North Dakota Supreme Court · 1982
- Fry v. AusmanSouth Dakota Supreme Court · 1912
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Delzar Construction Co. v. New Marian Homes Corp.North Dakota Supreme Court · 1962
8 more not listed; retrieve them via the Exa API.