Sneve v. Schwartz
North Dakota Supreme Court
Appeal from the District Court for Ward County, Leighton, J. No disaffirmance of the alleged fraudulent contract or notice rescission has ever been made. To be relieved from fraud, one must rescind. N. D. Rev. Codes, § 5380; Sonnesyn v. Akin, 14 N. D. 248, 104 N. W. 1026; Higby v. Whittaker, 8 Ohio, 198; Walters v. Miller, 10 Iowa, 427; Melton v. Smith, 65 Mo. 315. The intention of rescind must be made evident.
Read the full summary
Appeal from the District Court for Ward County, Leighton, J. No disaffirmance of the alleged fraudulent contract or notice rescission has ever been made. To be relieved from fraud, one must rescind. N. D. Rev. Codes, § 5380; Sonnesyn v. Akin, 14 N. D. 248, 104 N. W. 1026; Higby v. Whittaker, 8 Ohio, 198; Walters v. Miller, 10 Iowa, 427; Melton v. Smith, 65 Mo. 315. The intention of rescind must be made evident. Mullin v. Bloomer, 11 Iowa, 360; American Wine Co. v. Brasher Bros. (C. C.) 13 Bed. 595; Carney v. Newberry, 24 111. 203; Gaty v. Sack, 19 Mo. App. 470; Davis v. Eead (C. C.) 37 Fed.…
1Opinion of the CourtBurke, J.
The plaintiffs, husband and wife, were on the 29th day of September, 1909, the owners of a half section of land in Ward county. Upon that date they entered into the following written contract with the defendants: “ . . . the parties of the first part, for and in consideration of the parties of the second part, transferring by good and sufficient warranty deed, as shown by an abstract of title to be furnished free and clear of all encumbrance, of all the following described real estate [describing a 5-acre tract and also a certain block 11], and the one-half interest in the following described…
2Cases cited1 opinion
- Brown v. SearchWisconsin Supreme Court · 1907
3Cited by3 opinions
- Schaff v. KennellyNorth Dakota Supreme Court · 1953
- Dwinnell v. BoehmerNorth Dakota Supreme Court · 1931
- Rosenwater v. SellesethNorth Dakota Supreme Court · 1916