Hutchinson v. Cleary
North Dakota Supreme Court
Appeal from District Court, Foster County; Rose, J. Action on a contract by Paul Hutchinson, administrator of the estate of Charles Hutchison, deceased, against Joseph Cleary and others. Defendants had judgment, and plaintiff appeals. The court erred in admitting proof of the talk between defendant’s and plaintiff’s intestate. Because it was offered for the purpose of varying the terms of a written agreement.
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Appeal from District Court, Foster County; Rose, J. Action on a contract by Paul Hutchinson, administrator of the estate of Charles Hutchison, deceased, against Joseph Cleary and others. Defendants had judgment, and plaintiff appeals. The court erred in admitting proof of the talk between defendant’s and plaintiff’s intestate. Because it was offered for the purpose of varying the terms of a written agreement. Dean v. Bank, 6 Dak. 222; Hennessy v. Griggs, 1 N. D. 52; Fuel Co. v. Bruns, 1 N. D. 137. It was also inadmissable under § 5260 Comp. Laws; Taylor v. Blinker, 36 N. W. Rep. 66; Reherds…
1Opinion of the CourtCorliss, J.
This suit was commenced by Charles Hutchinson. Before the trial he died. The action is continued in the name of the administrator of his estate. The deceased was a proprietor of a flour mill in South Dakota. To induce him to move his plant to New .Rockford, N. D., the defendants entered into a written contract with him. This agreement, omitting the signature, was in the following words and figures: “This contract is entered into this thirteenth day of August, A. D. 1885, by and between Charles Hutchinson, of Oskaloosa, Iowa, on the first part, and Joseph Cleary, J. M. Patch, Frank A. .Brown,…
2Cases cited4 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Roth's EstateSupreme Court of Pennsylvania · 1892
- Taylor v. BunkerMichigan Supreme Court · 1888
- Reherd's Adm'r v. Clem & WengerSupreme Court of Virginia · 1889
3Cited by6 opinions
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Starkweather v. BellSouth Dakota Supreme Court · 1899
- Druey v. BaldwinNorth Dakota Supreme Court · 1919
- Larson v. NewmanNorth Dakota Supreme Court · 1909
- Hampden Implement Co. v. DoughertyNorth Dakota Supreme Court · 1929
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