Dammann v. Schibsby Implement Co.
North Dakota Supreme Court
Appeal from the District Court of Bottineau County, Burrf J. If the owner expressly or impliedly assents to the taking, nse, or disposition of his property, he cannot recover for the conversion thereof. 38 Cyc. 2009, and cases cited. And this is true even where the person authorized to dispose of property exceeds his authority. 38 Cyc. 2110, and cases cited. The holder of a general storage ticket is never chargeable with constructive possession of any specific grain.
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Appeal from the District Court of Bottineau County, Burrf J. If the owner expressly or impliedly assents to the taking, nse, or disposition of his property, he cannot recover for the conversion thereof. 38 Cyc. 2009, and cases cited. And this is true even where the person authorized to dispose of property exceeds his authority. 38 Cyc. 2110, and cases cited. The holder of a general storage ticket is never chargeable with constructive possession of any specific grain. Best v. Muir, 8 N. D. 44, 73 Am. St. Bep. 742, 77 N. W. 95; Best v. Barrett, 8 N. D. 49, 77 N. W. 1117; Plano Mfg. Co. v._…
1Opinion of the Court
Burke, T.
Some time prior to the year 1910, plaintiff sold a quarter section of land to one Tarvestad and his wife upon what is known as the half-crop contract plan. Under the terms of said contract the Tarvestads agreed to pay the sum of $4,500 principally by delivering one half of all the grain sown or grown upon said land, each and every year thereafter until the purchase price was fully paid, and it was further agreed that the Tarvestads “may deliver all the grain sown, *17the same to be applied -upon the balance due thereon. . * . It is further agreed and understood that until the delivery…
2Cases cited3 opinions
- Best v. MuirNorth Dakota Supreme Court · 1898
- Plano Manufacturing Co. v. JonesNorth Dakota Supreme Court · 1899
- St. Anthony & Dakota Elevator Co. v. DawsonNorth Dakota Supreme Court · 1910
3Cited by6 opinions
- Kastner v. AndrewsNorth Dakota Supreme Court · 1923
- Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1933
- Lofthouse v. Galesburg State BankNorth Dakota Supreme Court · 1922
- Wonser v. Walden Farmers Elevator Co.North Dakota Supreme Court · 1915
- New Aberdeen Equity Exchange v. HellerSouth Dakota Supreme Court · 1931
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