Sleeper v. Baker
North Dakota Supreme Court
Appeal from District Court, Ward county; Goss, J. Action by S. H. Sleeper against G. W. Baker and others. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Ward county; Goss, J. Action by S. H. Sleeper against G. W. Baker and others. Judgment for defendants, and plaintiff appeals. Facts: This action was brought by S. H. Sleeper, appellant, to recover damages for the breach of two contracts, one with the defendants G. W. Baker and C. E. Brace, copartners, known as “Baker & Brace,” and the other with Frank D. Banta and Lincoln Banta, copartners, known as “Banta Bros.,” and joining these defendants and each of them as individuals in a tort action by reason of an alleged conspiracy to break said contracts. The trial court…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Three causes of action are intended to be set forth in the complaint. Two are separate and distinct actions upon the contract, against separate and distinct defendants, and one is an action of tort against all of the defendants.
It is for this court to determine whether such complaint is vulnerable to a motion to exclude all of the testimony for the failure of the several counts to state sufficient causes of action, and which motion, though specifically pointing out wherein such failure consists, raises no objection *392to the misjoinder of the parties or of the…
2Cases cited16 opinions
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Delz v. Winfree, Norman & PearsonTexas Supreme Court · 1891
- Kimball v. HarmanCourt of Appeals of Maryland · 1871
- Haskins v. RoysterSupreme Court of North Carolina · 1874
- Boyson v. ThornCalifornia Supreme Court · 1893
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3Cited by13 opinions
- Gross v. Lowder Rlty. Better Homes & GardensSupreme Court of Alabama · 1986
- Erswell v. FordSupreme Court of Alabama · 1922
- Hamilton v. Empire Gas & Fuel Co.Court of Appeals for the Eighth Circuit · 1924
- Louisiana Oil Corporation v. GreenSupreme Court of Alabama · 1935
- Allen v. RamseySupreme Court of Oklahoma · 1935
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