Rickel v. Sherman
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. From a judgment and an order denying a new trial, defendant appeals. Plaintiff sued upon an express contract, and lie failed to show performance on bis part. He cannot rely upon tbe contract in part, and repudiate it in part. 7 Mod. Am.
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Appeal from District Court, Cass County; Pollock, J. From a judgment and an order denying a new trial, defendant appeals. Plaintiff sued upon an express contract, and lie failed to show performance on bis part. He cannot rely upon tbe contract in part, and repudiate it in part. 7 Mod. Am. Law, foot page 447-449, 4 Cyc. 326; Wernli v. Collins, 87 Iowa, 548, 54 N. W. 365; Nollman v. Evensonj 5 N. D. 344, 65 N. W. 686; Boyce v. Timpe, — Iowa, —, 89 N. W. 83. Tbe finding of tbe jury upon conflicting evidence is conclusive upon tbe appellate court, or on motion for a new' trial. Taylor v. Jones, 3…
1Opinion of the CourtChristianson, J.
Plaintiff, in bis complaint in this action, alleges that be was employed by tbe defendant, Sherman, on or about April, 1913, to do certain breaking in Cass county, in this state, and that said defendant agreed to pay plaintiff $3 per acre for such breaking; that under tbe terms of said agreement tbe plaintiff broke 515 acres of said land in tbe spring of 1913, and that defendant has *300refused, and failed to pay therefor. The defendant’s answer was a general denial. The case was tried to a jury and resulted in a verdict for plaintiff. Defendant moved for a new trial, which was denied, and he has…
2Cases cited11 opinions
- Catlin v. . GunterNew York Court of Appeals · 1854
- Adams v. CastleSupreme Court of Minnesota · 1896
- Black v. WalkerNorth Dakota Supreme Court · 1898
- Taylor v. JonesNorth Dakota Supreme Court · 1893
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hochstetler v. GraberNorth Dakota Supreme Court · 1951
- Haslam v. BabcockNorth Dakota Supreme Court · 1941
- Fox v. BellonNorth Dakota Supreme Court · 1965
- Petrie v. WymanNorth Dakota Supreme Court · 1916
- Blackorby v. GintherNorth Dakota Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.