Legal Opinion

Ramsdell v. Warner

North Dakota Supreme Court

Decided May 24, 1921PublishedCited by 8 opinions

Appeal from District Court, Renville County; Burr, J. Plaintiff appeals from an order granting defendant’s motion for a new trial. The tenant is the owner of all of the straw on this land, regardless of such provision in the contract. See the late decision of -this Court. Minneapolis Iron Store Co. v. Branum, 36 N. D. 355; 162 N. W. 543. That it is a general rule of law that the tenant is the owner of the straw. Munier v. Zachary, 114 N. W. 525; 18 L.R.A.

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Appeal from District Court, Renville County; Burr, J. Plaintiff appeals from an order granting defendant’s motion for a new trial. The tenant is the owner of all of the straw on this land, regardless of such provision in the contract. See the late decision of -this Court. Minneapolis Iron Store Co. v. Branum, 36 N. D. 355; 162 N. W. 543. That it is a general rule of law that the tenant is the owner of the straw. Munier v. Zachary, 114 N. W. 525; 18 L.R.A. (N. S.) 572, and note to this case. Craig v. Dale, found in 37 Am. Dec. 477, holds that the tenant is entitled to all straw as part of the…

1Opinion of the Court

CíIRistiaNSON, J.

Plaintiff brought this action to recover the value of 200 tons of straw which he avers that the defendant set on fire, and caused to be destroyed, on October 9, 1919. The defendant interposed a general denial. The case was tried to a jury, and resulted in a verdict in favor of the plaintiff for $480 and interest. The defendant moved for a new trial on the grounds, among others: (1) Insufficiency to justify the verdict; (2) that the verdict is against law; and (3) that the verdict was rendered under the influence of passion and prejudice, and excessive damages awarded to the…

2Cited by8 opinions

  1. Zeman v. MikolasekNorth Dakota Supreme Court · 1947
  2. Lindvig v. LindvigNorth Dakota Supreme Court · 1986
  3. Fettig v. FettigNorth Dakota Supreme Court · 2019
  4. Reel v. Hansboro State BankNorth Dakota Supreme Court · 1924
  5. First National Bank & Trust Co. v. GreenNorth Dakota Supreme Court · 1935

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