Wakeland v. Hanson
North Dakota Supreme Court
Appeal from the District Court of Eddy County; Hon. G. W. Buttz, X Had a tender of payment been made, defendant was not obligated to convey or liable for damages until after deposit of tender to keep it good. Tender of payment is lost if not deposited and notice given. Comp. Laws, 1913, §§ 5815, 5819. An unexpected oral agreement for the transfer of land is invalid. Comp.
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Appeal from the District Court of Eddy County; Hon. G. W. Buttz, X Had a tender of payment been made, defendant was not obligated to convey or liable for damages until after deposit of tender to keep it good. Tender of payment is lost if not deposited and notice given. Comp. Laws, 1913, §§ 5815, 5819. An unexpected oral agreement for the transfer of land is invalid. Comp. Laws 1913, § 5963; Cleveland v. Evans, 5 S. D. 53, 58 N. W. 8; Stenson v. Elfmann, 26 S. D. 134, 128 N. W. 588; Steensland v. Noel, 28 S. D. 522, 134 N. W. 207. This is an action for specific performance of an oral contract…
1Opinion of the CourtRobinson, J.
This is an appeal by defendant from an order refusing to vacate a default judgment for $375. It appears that under an oral contract with the defendant for the purchase and sale of two lots in Rairview Addition to New Rockford, the plaintiff at once went upon the lots and made valuable improvements in the construction of a dwelling. That the reasonable value of his own work and labor was $275.80, and he paid out for help $129.80; and then he made his home on the lots. Then the defendant transferred the lots to another party. This action was commenced on December 3d, 1911. Default was made, and…
2Cited by7 opinions
- First State Bank of Crosby v. ThomasNorth Dakota Supreme Court · 1926
- State Bank v. O'LaughlinNorth Dakota Supreme Court · 1917
- Farmers & Merchants State Bank of Tolna v. StavnNorth Dakota Supreme Court · 1923
- Mantel v. PickleNorth Dakota Supreme Court · 1928
- Beehler v. SchantzNorth Dakota Supreme Court · 1941
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