The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-07-25
Supreme Court
Decisions
From Ward County.


Joseph Wulfkuhl, plaintiff and re-
spondent, VS.. e. Galehouse, ct al,
school board Of Donnybrook school
| district, defendants and appellants.
/: A petition filed with a school
board for the establishment of a
| school and the construction Of a
school building, examined and held to
be valid petition and to have been
| signed by residents Of the school dis
trict who were parents Of or persons
charged with the support and having
number Of children Of school age to
entitle said residents to sign such
petition.
3. The number of children Of
Is, ten of which were Of school age
and lived within said school district
and not less than two and a half miles
from any other school in the school
district. Such being the case, petition
was sufficient and the petitioners
were entitled to the relief asked for
in such petition.
8. The fact that there may be an
other school and school building in
another school district less than two
and a half miles from the residence
OF the children whose names appear
upon the petition is not sufficient rea-
son for the refusal to grant the relief
asked for in the petition, for such
other school districts could not be
compelled to admit to its school the
children whose, names, appear upon
the petition under consideration.
Appeal from the district court of
Ward county, North Dakota; Hon. K.
E. Leighton, judge.
Grace. J. Christianson, J.. concurs
specially. Robinson, j., dissents
George 4: MCGEE, Minot. attorney
for plaintiff and respondent, e. 3.
Combs, Donnybrook ATTORNEY for de-
PENDANTS and appellants.
From Benson County.
H. w. Beebe, plaintiff and appellant,
VS.. Jacob P. Hanson, defendant and
Syllabus: This is an appeal from a
judgment denying the specific per
Torrance of q contract to exchange
son county, North Dakota, for a. stock
of clothing at Emmetsburg, Ia. The
goods to be selected SO as to make a
gave gave no method oo Of seie lee H'l the the
goods. The land was worth $4,000.
The selected stock was less than half
the land value.
Specific performance of an agree
ment must be denied when its terms
are not sufficiently certain to make
the precise act which is to be done
clearly .ascertainable. Also, when. 1t
is not based on an adequate consid-
Grafton and when it is not in all re-
spects lust and reasonable. Even when
a contract is fair and honest, specific
It rests in the sound, legal discretion
of the court.
Judgment affirmed.
Appeal from the district court Of
Benson county; Hon. c. w. Buttz,
Plaintiff appeals. Opinion of the
court by Robinson, J.
J. G. Adamson ans. H. S. Blood,
IL Co. =.
Traynor, Devils Lake, for respondent.
From Benson County.
Andrew Odegard, planting and re-
ant and appellant.
Syllabus: t
1. Where personal property is sub
ject to the lien Of q chattel mort
foreclosed and the personal property
covered by such chattel mortgage Is
sold upon such foreclosure sale, ana
a purchaser at such sale agrees with
the owner of the personal property
sold at the chattel mortgage sale that
the purchaser would purchase the
personal property at such sale and
pay for the same and that the owner
might within FIVE days, repay the
purchaser the amount paid out by
him at such sale, such purchaser, url--
der such agreement, is the agent OF
the owner Of the property and upon
the payment or tender to the purchaser
by the owner of the purchase price of
said property for which the property
was sold at said foreclosure sale
within the time stipulated the pur-
chaser must deliver such property to
the owner, and failing, and refusing
to do so in accordance with the terms
of the agreement, ne is liable for con-
version for the value of the property
purchased at such sale and converted.
3. An executory agreement to act
as agent for another is ordinarily not
binding on either party unless based
on sufficient consideration, but where
one gratuitously agrees to act for an
other and enters upon the perform
ance of the undertaking, he must
complete performances according To
his promise even though there is a
lack of consideration,
8. The question OF agency was sub
nlitted to the jury under proper i'm
structions and 1t found the agency
existed and it's verdict is conclusive
in this regard.
Benson county, North Dakota; Hon
| o. wv, BUTTE, y.
Alarmed. Opinion of the court by
Grace, y. Robinson, IT,, eoncurs spe-
cially. Cnristiansons u. concurs jig
! 6owan b Adanson and u. S. Blood