Gile v. Interstate Motor Car Co.
North Dakota Supreme Court
Appeal from District Court, Nelson County, O. F. Templeton, J* From an order granting a new trial, defendant appeals. The action for money had and received only lies in those cases where the defendant has received money, or its equivalent which in equity and good conscience belongs to the plaintiff. Krump v. First State Bank, 8 N. D. 75, 76 N. "W. 995; Logan v. Freerks, 14 N. D. 127, 103 N. W. 426; Martin ,v. Toyer, 19 N. D. 504, 125 N. W. 1027; Siems v. Pierre Sav.
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Appeal from District Court, Nelson County, O. F. Templeton, J* From an order granting a new trial, defendant appeals. The action for money had and received only lies in those cases where the defendant has received money, or its equivalent which in equity and good conscience belongs to the plaintiff. Krump v. First State Bank, 8 N. D. 75, 76 N. "W. 995; Logan v. Freerks, 14 N. D. 127, 103 N. W. 426; Martin ,v. Toyer, 19 N. D. 504, 125 N. W. 1027; Siems v. Pierre Sav. Bank, 7' S.. D. 338, 64 N. W. 167; 15 Am. & Eng. Enc. Law, 1096; 27 Cyc. 849. Money paid in the fulfilment of a valid contract…
1DissentGoss, J.
With due deference to the opinion of the majority, the writer cannot concur therein. The real equities of this case seem to me to have been ignored and misplaced, while the decision in effect causes equity to work a forfeiture, something it abhors. This *127result has come from what seems to me to be the erroneous assumption that the contract in question was such in law, and created legal obligations, instead of it being plaintiff’s mere written offer, acceptable by its very terms only by performance and to the extent only of actual performance, and until performed wholly unilateral, and in any…
2Cases cited53 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Farrington v. TennesseeSupreme Court of the United States · 1878
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Vogel v. PekocIllinois Supreme Court · 1895
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