Abraham v. Durward
North Dakota Supreme Court
Appeal from the District Court of Barnes County, Engleri, J. Defendant appeals from a judgment and from an order denying a new trial. ' • The telegram is neither a contract nor sufficient memorandum of one. Hastings v. Webber, 56 Am. Hep. 671. “The stipulated price of such sale is an essential part of the contract, and must be stated in the note or memorandum thereof required by statute.”
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Appeal from the District Court of Barnes County, Engleri, J. Defendant appeals from a judgment and from an order denying a new trial. ' • The telegram is neither a contract nor sufficient memorandum of one. Hastings v. Webber, 56 Am. Hep. 671. “The stipulated price of such sale is an essential part of the contract, and must be stated in the note or memorandum thereof required by statute.” Hanson v. March (Minn.) 40 N. W. 817; Watt v. Wisconsin Cranberry Co. 18 N. W. 898. “A memorandum, when a contract is not in writing, must embrace all its substantial terms.” Palmer v. Marquette & P. Bolling…
1Opinion of the Court
Christianson, Ch. J.
This action is brought to recover the purchase price of a carload of potatoes alleged to have been shipped by the plaintiff to one D. E. Hollinshead, of Thomson, Illinois, under an agreement with the defendant. In his complaint the plaintiff alleges:
*613“That the defendant on or about the 20th day of September, 1918, arranged- with this plaintiff to ship to this defendant or to defendant’s order, a carload of potatoes, and agreed to pay for them at the rate of 80 cents per bushel when the potatoes were loaded on the car at Pillsbury, North Dakota. That the agreement was made…
2Cases cited4 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Alaska Salmon Co. v. Standard Box Co.California Supreme Court · 1910
- Groff v. CookNorth Dakota Supreme Court · 1916
3Cited by6 opinions
- Baldus v. MatternNorth Dakota Supreme Court · 1958
- Bevercombe v. Denney & Co.Idaho Supreme Court · 1924
- Brey v. TvedtNorth Dakota Supreme Court · 1945
- Dessert Seed Co. v. GarbusCalifornia Court of Appeal · 1944
- Fried v. LonskiNorth Dakota Supreme Court · 1922
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