Legal Opinion

Guild v. More

North Dakota Supreme Court

Decided October 9, 1915PublishedCited by 47 opinions

Appeal from a judgment of the District Court of Cass County, Pollock, J. Defendant appeals. “A party cannot be defrauded in being induced to do what good faith and a proper observance of his promises make it his duty to do.” Marsh v. Cook, 32 N. J. Eq. 262; Herring v. Draper, 2 Houst. (Del.) 158; Farmers’ Stock Breeding Asso. v. Scott, 53 Kan. 534, 36 Pac. 978; Faribault v. Sater, 13 Minn. 223, Gil. 210; Miller v. Bayne & B. Co. ■— Tex. Civ.

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Appeal from a judgment of the District Court of Cass County, Pollock, J. Defendant appeals. “A party cannot be defrauded in being induced to do what good faith and a proper observance of his promises make it his duty to do.” Marsh v. Cook, 32 N. J. Eq. 262; Herring v. Draper, 2 Houst. (Del.) 158; Farmers’ Stock Breeding Asso. v. Scott, 53 Kan. 534, 36 Pac. 978; Faribault v. Sater, 13 Minn. 223, Gil. 210; Miller v. Bayne & B. Co. ■— Tex. Civ. App. —, 151 S. W. 341; Randall v. Hazelton, 12 Allen, 412; Smith v. Chadwick, L. R. 9 App. Cas. 187, 53 L. J. Ch. N. S. 873, 50 L. T. N. S. 697, 32 Week.…

1Opinion of the CourtChristianson, J.

This is an action to recover damages for the fraud ■and deceit of the defendant, whereby it is alleged that plaintiff was induced to purchase from the defendant an interest in a certain newspaper plant located in the city of Fargo in this state, known as the “Courier-News.” Hpon demand of defendant’s counsel, the case was submitted to the jury for a special verdict. Judgment was ordered and entered against defendant upon such special verdict, and this appeal is from the judgment so entered.

The complaint at length and with great particularity sets forth the facts upon which plaintiff relies…

2Cases cited46 opinions

  1. New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
  2. Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
  3. Rice v. . ManleyNew York Court of Appeals · 1876
  4. Kolka v. JonesNorth Dakota Supreme Court · 1897
  5. United Iron Works v. Outer Harbor Dock & Wharf Co.California Supreme Court · 1914

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3Cited by47 opinions

  1. First National Bank v. FordWyoming Supreme Court · 1923
  2. Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
  3. McCurdy v. HughesNorth Dakota Supreme Court · 1933
  4. Land Office Co. v. Clapp-Thomssen Co.North Dakota Supreme Court · 1989
  5. Foster v. DwireNorth Dakota Supreme Court · 1924

42 more not listed; retrieve them via the Exa API.

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