Reports of Cases Decided in the Supreme Court of the State of North Dakota, Band 39
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, John McDowell Cochrane, Edgar Whittlesey Camp, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor
Lawyers Co-operative Publishing Company, 1920
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according acre action affirmed agent agreed agreement alleged allowed amount answer appeal applied attorney authority Bank cause charge church claim commission Comp Company complaint consideration considered Constitution construction contended contract corporation culvert damages defendant denied determine district court duty effect Elevator entered entitled error evidence execution express fact filed follows further give given grain granted ground held instructions intention interest Iowa issue Judge judgment jury land letter liability lien matter meaning Minn mortgage North Dakota notice opinion owner paid party payment person plaintiff proper purchaser question reason received record recover reference relating respondent rule sell sold statute sufficient taken testimony thereof tion trial true trust verdict witness writing written
Seite 416 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Seite 34 - An agent has authority: 1. To do everything necessary or proper and usual, in the ordinary course of business, for effecting the purpose of his agency; and, 2. To make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends, and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
Seite 412 - When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee or his heirs or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the county recorder of the county where the property is situated.
Seite 74 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Seite 558 - Neither party to an obligation can be compelled specifically •to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.
Seite 101 - No right of way shall be appropriated to the use of any corporation, until full compensation therefor be first made in money, or first secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation...
Seite 382 - A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.
Seite 627 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.