Mower v. Rasmusson
North Dakota Supreme Court
Appeal from tbe District Court of McHenry County; A. G. Burr, J. Action in forcible entry and detainer in justice’s court under the provisions of § 9069, Compiled Laws of 1913. Judgment for defendant. Plaintiff appeals. “A contract must be interpreted so as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable'and lawful.” Comp.
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Appeal from tbe District Court of McHenry County; A. G. Burr, J. Action in forcible entry and detainer in justice’s court under the provisions of § 9069, Compiled Laws of 1913. Judgment for defendant. Plaintiff appeals. “A contract must be interpreted so as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable'and lawful.” Comp. Laws 1913, § 5896; Young v. Metcalf Land Co. 18 N. D. 441, 122 N. W. 1101; Harney v. Wirtz, 30 N. D. 292,'152 N. W. 803. No particular words are necessary to create a lease, and whatever is…
1Opinion of the CourtBruce, J.
Although this appeal is from a judgment of the district court of Towner county, it really involves the correctness of the ruling of the justice court in overruling a demurrer to the complaint. The *236action was one in forcible entry and detainer for the immediate possession of real property, and damages for the detention thereof, and was brought under § 9069 of the Compiled Laws of 1913. The sole questions involved are whether the contract under which the defendant held the land was a lease, and such a one as would support an action of forcible entry and detainer, and if so, whether the acts of…
2Cases cited5 opinions
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Strain v. GardnerWisconsin Supreme Court · 1884
- Jones v. DurrerCalifornia Supreme Court · 1892
- Jackson ex demis. Colden v. BrownellNew York Supreme Court · 1806
- Wood v. GarrisonCourt of Appeals of Kentucky · 1901
3Cited by5 opinions
- Brenner v. SpiegleOhio Supreme Court · 1927
- Aegerter v. HayesSouth Dakota Supreme Court · 1929
- Lincoln National Life Insurance v. SampsonNorth Dakota Supreme Court · 1931
- Wood v. HomelvigNorth Dakota Supreme Court · 1938
- Vinquist v. SiegertNorth Dakota Supreme Court · 1929