Collard v. Fried
North Dakota Supreme Court
Appeal from the District Court of Barnes County, J. A. Coffey, J. Where a party is asked the question,' “Did you comply with your contract,” a mere legal conclusion is involved and asked, and is objectionable on such ground and as incompetent, and the objection should have been sustained.
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Appeal from the District Court of Barnes County, J. A. Coffey, J. Where a party is asked the question,' “Did you comply with your contract,” a mere legal conclusion is involved and asked, and is objectionable on such ground and as incompetent, and the objection should have been sustained. Bristol & Sweet v. Skapple & hfontgomery, 1/7 N. Í). 271; American Soda Fountain Co. v. Iiogue, 17 N. D. 375; Norris v. Equitable Fire Asso. 19 S. D. '114, 102 N. W, 306; Wyckoff v. Kerr, 123 N. W. 735; Graham v. Pennsylvania Co. 12 L.R.A. 293 and note. . A grantor is required to protect and defend the title…
1Opinion of the CourtBirdzell, J.
This action is a sequel to two former suits, one of which is reported in Merchants’ Nat. Bank v. Collard, 33 N. D. 556, 157 N. W. 488. The former suits were actions in the nature of creditors’ bills to set aside certain conveyances of real property by Collard and his wife to Fried. The parties to this suit were parties defendant in those actions, and it was there held that the conveyances made by the plaintiff and respondent to the defendant and appellant in this action were not fraudulent. This action was brought to recover the value of the grain raised upon the lands involved in the former…
2Cases cited1 opinion
- Merchants National Bank v. CollardNorth Dakota Supreme Court · 1916
3Cited by5 opinions
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- Griffin v. Implement Dealers Mutual Fire InsuranceNorth Dakota Supreme Court · 1933
- Donahue v. NoltimierNorth Dakota Supreme Court · 1932