Legal Opinion

Powell v. International Harvester Co. of America

North Dakota Supreme Court

Decided November 18, 1918PublishedCited by 9 opinions

Appeal from the District Court of Ramsey County, North Dakota, Honorable G. W. Bidlz, Judge, wherein Qow A stipulation and settlement of matters involved in pending litigation cannot be arbitrarily withdrawn by one of the parties in order to enable him to make some different claim to that expressed and acknowledged in such stipulation and settlement, without returning or offering in good faith to return the consideration.

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Appeal from the District Court of Ramsey County, North Dakota, Honorable G. W. Bidlz, Judge, wherein Qow A stipulation and settlement of matters involved in pending litigation cannot be arbitrarily withdrawn by one of the parties in order to enable him to make some different claim to that expressed and acknowledged in such stipulation and settlement, without returning or offering in good faith to return the consideration. Schaetzel v. Huron (S. D.) 60 N. W. 741; Deere & W. Co. v. Hinckley (S. D.) 106 N. W. 138; 31 Oye. 525; Northern P. R. Co. v. Barlow, 20 N. D. 197, 126 N. W. 233. An…

1Opinion of the CourtGrace, J.

Appeal from a judgment of the district court of Ramsey county, North Dakota, Honorable C. W. Buttz, judge.

This is an action to cancel and "reform a certain deed given by one John Largent to Patrick D. Norton to Lots 1 and 2, and the S.-J of the N.E.J of section 1, township 157, north of range 63 west. The action is for the further purpose of compelling specific performance of a certain contract alleged to have been entered into with reference to said land between the International Harvester Company of America and the plaintiff. The cancelation of the deed is asked upon the ground *222of .fraud…

2Cited by9 opinions

  1. Reliance Insurance Co. v. Public Service CommissionNorth Dakota Supreme Court · 1977
  2. Udgaard v. SchindlerNorth Dakota Supreme Court · 1948
  3. Alm Construction Company v. VertinNorth Dakota Supreme Court · 1962
  4. Colwell v. Union Central L. Ins. Co.North Dakota Supreme Court · 1930
  5. Fergen v. LonieSouth Dakota Supreme Court · 1926

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