Legal Opinion

Huston v. Johnson

North Dakota Supreme Court

Decided February 17, 1915PublishedCited by 7 opinions

From a judgment of tbe District Court of Stutsman County, Ooffy, J., defendant appeals. Tbe essential and necessary rules of law governing tbe admission of secondary evidence were not complied witb. A notice to produce tbe original letter was not given. Eead v. Chambers, — Tex. Civ. App. —, 45 S. W. 742; Jameson v. Officer, 15 Tex. Civ.

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From a judgment of tbe District Court of Stutsman County, Ooffy, J., defendant appeals. Tbe essential and necessary rules of law governing tbe admission of secondary evidence were not complied witb. A notice to produce tbe original letter was not given. Eead v. Chambers, — Tex. Civ. App. —, 45 S. W. 742; Jameson v. Officer, 15 Tex. Civ. App.- 212, 39 S. W. 190; Smith v. Holbrook, 99 Ga. 256, 25 S. E. 627; Foster v. New-brougb, 58 N. Y. 481; Westinghouse Co. v. Tilden, 56 Neb. 129, 76 N. W. 416; 11 Am. & Eng. Enc. Law, 497, and cases cited. Where both a general and specific denial are employed…

1Opinion of the CourtChristianson, J.

This is an appeal from a judgment in favor of the plaintiff for a real estate broker’s commission. The case was tried before a jury, and a verdict returned for the plaintiff for $4,000, and from the judgment entered on such verdict, this appeal is taken. There is a square conflict between the plaintiff and defendant upon the principal questions at issue. The plaintiff is a real estate broker living at Carrington, North Dakota. The defendant is a farmer living in Stutsman county, where he owns two tracts of land located only a short distance apart, aggregating 960 acres. The plaintiff in his…

2Cases cited22 opinions

  1. Deery v. CraySupreme Court of the United States · 1867
  2. Smiths v. ShoemakerSupreme Court of the United States · 1873
  3. Foote v. . BeecherNew York Court of Appeals · 1879
  4. Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1912
  5. Hockaday v. WorthamCourt of Appeals of Texas · 1900

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3Cited by7 opinions

  1. McCurdy v. HughesNorth Dakota Supreme Court · 1933
  2. Hunder Ex Rel. Hunder v. RindlaubNorth Dakota Supreme Court · 1931
  3. Fargo Loan Agency v. LarsonNorth Dakota Supreme Court · 1926
  4. Embden State Bank v. SchulzeNorth Dakota Supreme Court · 1923
  5. Raich v. LindebekNorth Dakota Supreme Court · 1917

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