Olson v. McQueen
North Dakota Supreme Court
Appeal from the District Court for Steele County, Pollock, J. Action to recover for services performed. From the order of the District Court refusing an offer of proof by defendant in support of his counterclaim, and verdict directed for the plaintiff, and judgment thereon, defendant appeals.
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Appeal from the District Court for Steele County, Pollock, J. Action to recover for services performed. From the order of the District Court refusing an offer of proof by defendant in support of his counterclaim, and verdict directed for the plaintiff, and judgment thereon, defendant appeals. Statement by Bbuoe, J. Plaintiff and respondent sued to recover a balance of $433.62 and interest, alleged to be owing for threshing done by himself and two others (E. J. Jacobson and William Munyon), and for $6.90 for money paid on account of the defendant, the interest of Jacobson and Munyon having…
1Opinion of the CourtBruce, J.
(after stating tbe facts as above). Tbe first point for determination is whether the agreement for tbe sale of tbe one-tbird interest of tbe defendant, McQueen, in tbe threshing machine in question for tbe agreed price of $832, created an original contract of tbe said McQueen, Jacobson, and Munyon to pay for tbe same, or merely a promise on the part of tbe three to answer for tbe debt, default, or miscarriage of another (Munyon), within tbe meaning of tbe statute of frauds, it being remembered that that other was one of their own number. We are also to determine whether tbe agreement was…
2Cases cited2 opinions
- Gibbs v. BlanchardMichigan Supreme Court · 1867
- Boyce v. MurphyIndiana Supreme Court · 1883
3Cited by3 opinions
- Kneeland v. ShroyerOregon Supreme Court · 1958
- Doodlesack v. Superfine Coal & Ice Corp.Massachusetts Supreme Judicial Court · 1935
- Emerson v. Universal Products Co.Superior Court of Delaware · 1932