Sunshine Cloak & Suit Co. v. Roquette Bros.
North Dakota Supreme Court
From a judgment and an order denying an alternative motion for judgment notwithstanding the verdict, or for a new trial of the District Court of Stark County, W. G. Orawford, L, plaintiff appeals. No rescission of a contract can be had unless ground therefor exists and is pleaded, and proved upon the trial. This is a question of law, and not one for the jury. Bev. Codes 1905, §§ 5378 — 5380; Comp.
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From a judgment and an order denying an alternative motion for judgment notwithstanding the verdict, or for a new trial of the District Court of Stark County, W. G. Orawford, L, plaintiff appeals. No rescission of a contract can be had unless ground therefor exists and is pleaded, and proved upon the trial. This is a question of law, and not one for the jury. Bev. Codes 1905, §§ 5378 — 5380; Comp. Laws 1913, §§ 5934 — 5936; American Case & Begister Co. v. Walton & D. Co. 22 N. D. 188, 133 N. W. 309; Dowagiac Mfg. Co. v. ILiginbotham, 15 S. D. 547, 91 N. W. 330; 10 Current Law, 1561; Annis v.…
1Opinion of the CourtChristianson, J.
The plaintiff brought this action in the district court of Stark county to recover of defendants the sum of $173.25. .The complaint alleges that on the 24th day of March, 1911, the defendants purchased of the plaintiff certain ladies’ cloaks and coats to be manufactured by the plaintiff, and to be delivered to the defendants in the fall of 1911, and that the agreed and reasonable price of said cloaks and coats was the sum of $173.25, which the defendants agreed to pay to plaintiff on the delivery of said property; that thereafter the plaintiff manufactured said cloaks and coats and delivered…
2Cases cited20 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Jones v. United StatesSupreme Court of the United States · 1878
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Filley v. PopeSupreme Court of the United States · 1885
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- Lilly v. Haynes Co-operative Coal Mining Co.North Dakota Supreme Court · 1923
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