Kallberg v. Newberry
North Dakota Supreme Court
Appeal from District Court of Foster County, Honorable J. A. Coffey, Judge. “A mere attempt to claim a right or pursue a remedy to which a party is not entitled, and that without obtaining any legal satisfaction therefor, will not deprive him of a right or the benefit of a remedy to which he orginally had a right to claim or resort. The doctrine of election between inconsistent rights or remedies has no application to such a‘case.”
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Appeal from District Court of Foster County, Honorable J. A. Coffey, Judge. “A mere attempt to claim a right or pursue a remedy to which a party is not entitled, and that without obtaining any legal satisfaction therefor, will not deprive him of a right or the benefit of a remedy to which he orginally had a right to claim or resort. The doctrine of election between inconsistent rights or remedies has no application to such a‘case.” Bennet v. Lapp-, 41 Minn. 494, 43 N. W. 334. Where one brings a suit to recover what he has paid on the contract, based upon a rescission of the contract by him,…
1Opinion of the CourtBikdzeli., J.
This is an appeal from an order entered in the district court of Foster county, setting aside the verdict of a jury in favor of the plaintiff for $1,440, and directing the entry of a judgment non obstante for the defendant. The facts are as follows: Plaintiff Kallberg, being indebted to the First National Bank of Carrington, of which the defendant Newberry was cashier, and there being liens outstanding upon his land in considerable amount, was apparently desirous of disposing of his property and paying his debts. The bank was also apparently desirous of collecting the amount owing to it by…
2Cases cited6 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Board of Education v. DaySupreme Court of Georgia · 1907
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Wheeler v. DunnSupreme Court of Colorado · 1889
- Cohoon v. FisherIndiana Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Godefroy v. ReillyWashington Supreme Court · 1928
- Oakes Municipal Airport Authority v. WieseNorth Dakota Supreme Court · 1978
- Knutson v. EkrenNorth Dakota Supreme Court · 1942
- Klamath Irrigation District v. the United States 01-591l and 01-5910l Through 01United States Court of Federal Claims · 2013
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1943
8 more not listed; retrieve them via the Exa API.