Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volumen31North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor Lawyers Co-operative Publishing Company, 1916 |
Dentro del libro
Resultados 1-5 de 100
Página 28
... recover for merchandise furnished . Counterclaim for commis- sion . Judgment for defendant on counterclaim . Plaintiff appeals . Reversed . Statement of facts by BRUCE , J. This action was tried to the court , a jury having been waived ...
... recover for merchandise furnished . Counterclaim for commis- sion . Judgment for defendant on counterclaim . Plaintiff appeals . Reversed . Statement of facts by BRUCE , J. This action was tried to the court , a jury having been waived ...
Página 29
... recover upon quantum meruit . Western Electric Co. v . Baerthel , 127 Iowa , 467 , 103 N. W. 475 ; Apking v . Hoefer , 74 Neb . 325 , 104 N. W. 177 . Charles G. Bangert , for respondent . Contracts should be so construed as to arrive at ...
... recover upon quantum meruit . Western Electric Co. v . Baerthel , 127 Iowa , 467 , 103 N. W. 475 ; Apking v . Hoefer , 74 Neb . 325 , 104 N. W. 177 . Charles G. Bangert , for respondent . Contracts should be so construed as to arrive at ...
Página 45
... recovered unless the agent guarantees the sale of the second- hand machinery which is taken in trade . This the defendant ( the agent ) has positively refused to do . How , therefore , he can recover 10 per cent commission upon the ...
... recovered unless the agent guarantees the sale of the second- hand machinery which is taken in trade . This the defendant ( the agent ) has positively refused to do . How , therefore , he can recover 10 per cent commission upon the ...
Página 58
... recover for improvements . Blackburn v . Lewis , 45 Or . 422 , 77 Pac . 746 . There has been no " splitting " of a cause of action . The parties named had each a separate cause of action . Comp . Laws 1913 , § 7466 ; Ran- dall v ...
... recover for improvements . Blackburn v . Lewis , 45 Or . 422 , 77 Pac . 746 . There has been no " splitting " of a cause of action . The parties named had each a separate cause of action . Comp . Laws 1913 , § 7466 ; Ran- dall v ...
Página 59
... recover the value of the use and occupation of the premises . The answer denies that the contract has been canceled or abrogated , and alleges that the same is in full force and effect ; that the plaintiffs have no right to maintain the ...
... recover the value of the use and occupation of the premises . The answer denies that the contract has been canceled or abrogated , and alleges that the same is in full force and effect ; that the plaintiffs have no right to maintain the ...
Otras ediciones - Ver todas
Términos y frases comunes
action affidavit affirmed agreement alleged amended appeal appellant's attorney Bank cable cause certificate cited claim Codes Comp Compiled Laws complaint contract contributory negligence corporation counsel court of equity damages dedication deed defendant defendant's delivery denied Dickey County district court elevator engineer entitled equity error escrow evidence ex rel fact granted indorsement injury instruction interpleader Iowa issue judgment jurisdiction jury land lien ment Minn mortgage motion N. Y. Supp negligence North Dakota notice Opinion filed owner P. R. Co paid park party payment person petition plaintiff plat pleadings premises proof purchase question quiet title reason record recover rule statement statute stockholders subrogated testified testimony thereof tion trial court trial de novo verdict veterinary dentistry Ward County warranty deed witness
Pasajes populares
Página 354 - The court may, before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party...
Página 586 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Página 651 - From the time of the service of the summons in a civil action, or the allowance of a provisional remedy, the court is deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant is equivalent to personal service of the summons upon him.
Página 375 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...
Página 90 - First, that plaintiffs must recover upon the strength of their own title, and not upon the weakness of that of their adversary : and, second, that in order to recover as owners, or at all, they must establish that title vested in them by a valid delivery of the Havlichecks...
Página 313 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or its servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 17 - No variance between the allegation in a pleading, and the proof, shall be deemed material, unless it has actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits...
Página 343 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Página 371 - ... whom it is to be served. The notice may also be served by post by a registered letter addressed to the person on whom it is to be served...
Página 696 - That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.