Timmins v. Russell
North Dakota Supreme Court
Appeal from District Court, Sargent county, Cowan, J., sitting by request. Action by Catherine Timmins against Peter Russell. Judgment for defendant, and plaintiff appeals. A waiver of a stipulation in a contract, to be effectual, must be with knowledge and intent to waive. 28 Am. & Eng. Ene. Law, 527; Bfennecke v. Continental Mut. Ins.
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Appeal from District Court, Sargent county, Cowan, J., sitting by request. Action by Catherine Timmins against Peter Russell. Judgment for defendant, and plaintiff appeals. A waiver of a stipulation in a contract, to be effectual, must be with knowledge and intent to waive. 28 Am. & Eng. Ene. Law, 527; Bfennecke v. Continental Mut. Ins. Co., 105 U. S. 359, 26 L. Ed. 990; Dodge v. Minneapolis Roofing Co., 14 Minn. 39; Boynton v. Brayley, 54 Vt. 92; Langdon v. Pence, 99 U. S. 578, 25 L. Ed. 420; Fargusson v. Talcott, 7 N. D. 183, 73 N. W. 207. The vendor acted promptly and notice was seasonably…
1Opinion of the CourtMorgan, J.
This action was brought for the cancellation of a contract for the sale of real estate, and for the immediate possession of such real estate, on the- alleged ground that the -defendant has failed to comply with the terms of the contract of -sale. The contract was entered into between plaintiff’s husband, since deceased, and defendant, on the 11th day of August, 1898. The husband’s estate was duly probated, and the land involved in this suit was adjudged by the county court to be conveyed to the plaintiff, who is now the owner thereof, subject to the defendant’s rights and possessions under…
2Cases cited9 opinions
- Fargusson v. TalcottNorth Dakota Supreme Court · 1897
- Pier v. LeeSouth Dakota Supreme Court · 1901
- Merriam v. GoodlettNebraska Supreme Court · 1893
- Kicks v. State BankNorth Dakota Supreme Court · 1904
- Gaughen v. KerrSupreme Court of Iowa · 1896
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3Cited by3 opinions
- Kicks v. State BankNorth Dakota Supreme Court · 1904
- Hanson v. Hanson Hardware Co.North Dakota Supreme Court · 1912
- Anderson v. OlsonNorth Dakota Supreme Court · 1935