McKindley v. Citizens State Bank
North Dakota Supreme Court
Erom a judgment of the District Court of Bansom County, Alim, J., defendant appeais.- The action is one in conversion. The complaint proceeds upon no other theory, bnt expressly alleges the conversion of the instruments referred to, to the use and benefit of defendant.
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Erom a judgment of the District Court of Bansom County, Alim, J., defendant appeais.- The action is one in conversion. The complaint proceeds upon no other theory, bnt expressly alleges the conversion of the instruments referred to, to the use and benefit of defendant. This is not an action as for a breach of an original contract, and while the forms of action have been largely abolished, the rules of evidence and the measure of damages are very different in the two classes of cases. Phelps, D. & P. Co. v. Halsell, 11 Okla. 1, 65 Pac. 340. The prayer for relief was for a conversion, and the…
1Opinion
On Petition for Rehearing (filed March 3, 1917).
Christianson, J.
■ In a petition for rehearing plaintiffs assert that in ■our former opinion we overlooked the decisions of this court in Cummings v. Duncan, 22 N. D. 524, 134 N. W. 712, Ann. Cas. 1914B, 976, and Sox v. Miracle, 35 N. D. 458, 160 N. W. 716, wherein we held that a vendee in an executory land contract obtains at law no real property interest. A discussion of the nature and extent of a vendee’s interest under such contract would be neither necessary nor profitable, but would be wholly immaterial in this case. The question here is…
2Cases cited3 opinions
- Cummings v. DuncanNorth Dakota Supreme Court · 1912
- Styles v. DickeyNorth Dakota Supreme Court · 1912
- Sox v. MiracleNorth Dakota Supreme Court · 1916