Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1906-02-22
SUPREME COURT
Decision Ia the Bennett -Glaspell Land
Case From Foster County,
Syllabus Of the Case.


The supreme court has just handed
down decision affirming the iudg-
ment Of Judge Burke in the case, W..
L. Bennett VS.. s. L. Glaspell. In 1902
Judge Glaspell was the owner of a
section of land in Foster county which
he sold to W. L. Bennett, formerly of
Jamestown, for s14 per acre. The sale
was made under crop payment con-
tract and the evidence showed that in
1904 Judge Glaspell had been paid
about $500 on this contract. In
November 1904 Mr.. Bennett rendered
him the entire balance due upon the
contract and requested deed. This
Judge Glaspell refused to give alleg-
ing that he had cancelled the contract
and would be no longer bound by it.
Early in 1905, by means Of an arrange
ment with a tenant of Benefits
who was on the land, Glaspell techi-
cally secured possession of the land.
In March 1908 Mr.. Bennett brought
suit to compel specific performance Of
Judge Glaspell's contract to convey
the land. The case was tried at
Darlington in April 1905 before Judge
Burke who entered decree requiring
Judge Glaspell, on payment Of the
balance due under the contract, to
execute a deed to Bennett and to
deliver to him the possession of the
land. From this decree the appeal
that had just been decided,w was taken.
The trial of the case was closely
contested in both the district and
the supreme courts and several law
points of great interest and import
ance were raised. Judge Glaspell
claimed that he was authorized to
cancel the contract by reason of GER
tain Misrepresentation on the part of
Attorney Hoopes Of Darlington who
acted as his agent in making the sale
to Bennett. The supreme court finds
the evidence regarding Cmany Of the
facts in question upon the trial to be
inirreconcilable conflict. 1T decides,
however, that kwhether or not the
making Of the contract was induced
,byJfraud, .Glaspell has waived all right
to object by treating the contract as
legal for almost three years and ac-
cepting payments Of money under it's
terms.
The syllabus Of the supreme courts
opinion is given below:
W. L. Bennett, respondent, VS.. S. L.
Glaspell, appellant.
1. Under Section 1910, Revised
Codes OF 1899, oneswho has. subjected
himself to forfeiture by committing
breach of contract, Imay, by making
compensation sbelirelieved therefrom
when the breach is not grossly negli-
gent, willful or fraudulent.
2. Upon the facts stated in the
opinion, the plaintiff is entitled to be
relieved from the forfeiture upon
which the defendant relies to defeat
his action for specific performance.
8. The grounds upon which a con-
tract may be forfeited must be con-
tained in the contract; and a contract
will not be extended by construction
to include other grounds than those
specified in it. Following Cougham
vs.. Larson, l13 N. D. 373.)
J 4. Fraud inducing the execution Of
= contractj and by reason Of which
consent is (not free, renders it void
able and unlessIlthe contract has been
affirmed isl available as q ground for
rescfssion or as defense against its
enforcement. .G .E &.
s. One who withlfull, knowledge OF
the facts which entitle him to rescind
a contractor idefeat its enforcement
voluntarily takes benefits under II,
thereby aff1rms it; and he cannot
thereafter assaults validity. s
6. One wholis not q party to con-
tract and disclaims any interest in it
is not a necessarylparty plaintiff in an
action to enforce it. ss.
Appeal from ithe district court Of
Foster county; e. u. Burke, Judge.
g. B. Craven and sE. q. Wright, for
appellant.
S. E. Ellsworth, T. ~. McCue and.
John Knauf for respondent. ss
Young, j. Judgment modified and:
af1rmed. Action to compel specific
performance Of defendants written
contract for sale Of section Of land.
judgment for plaintiff and defendant
appeals.
I. citylc Council
There was an djourned meeting orss
councilI Tuesday night. All mem9ers5
presen5 except the mayor and der
\ men Dewey and Sifton. Alderman
cElroy presid ded. III
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