Christianson v. Farmers' Warehouse Ass'n
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, }'. Action by C. A. Christianson and J. E. Stair against the Farmers’ Warehouse Association. From a judgment for defendant, plaintiffs appeal. A contract must not be construed so as to deprive it of all force if it is susceptible of another construction.
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Appeal from District Court, Richland County; Lauder, }'. Action by C. A. Christianson and J. E. Stair against the Farmers’ Warehouse Association. From a judgment for defendant, plaintiffs appeal. A contract must not be construed so as to deprive it of all force if it is susceptible of another construction. Wing v. Glick, 56 la. 473, 9 N. W. Rep. 384; Dewey on Contracts, 45; Story v. Solomon, 71 N. Y. 420. The evidence shows that Mann-Fraser Co., understood the purchases were for hedges. Even if the wheat buy’er understood that there was to be no delivery, still the company would be bound.…
1Opinion of the CourtBartholomew, J.
The appellants, C. A. Christianson and J. E. *441Stair, commenced proceedings to foreclose, by advertisement, a chattel mortgage given by respondent, the Farmers’ Warehouse Association, to the Mann-Frazer Company, a corporation doing business at Minneapolis, Minn., which said mortgage covered two certain frame elevators situated in Richland County, in this state, and was given to secure a promissory note for the sum of $2,850, executed by respondent to said Mann-Frazer Company. Said note and mortgage were dated July 3, 1893, and the note matured October 2, 1893. The foreclosure proceedings were…
2Cases cited9 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Auditor of State v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1870
- Wiscart v. DauchySupreme Court of the United States · 1796
- United States v. GoodwinSupreme Court of the United States · 1812
- Klein v. ValeriusWisconsin Supreme Court · 1894
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3Cited by57 opinions
- Doyle v. DoyleNorth Dakota Supreme Court · 1925
- In re the Disbarment of BurnetteSupreme Court of Kansas · 1906
- First National Bank v. FlathNorth Dakota Supreme Court · 1901
- Davidson v. Unknown Heirs of PetersonNorth Dakota Supreme Court · 1912
- In Re Edinger's EstateNorth Dakota Supreme Court · 1965
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