The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-02-27
Supreme Court
Decisions
From Cass County.

| John III. Lon, plaintiff and respond
1 ent VS.. Mike Gilbert and Frank
| Budack, as sheriff Of Richland county
North Dakota, defendants and appel
syllabus: one who seeks rescission
| in equity must restore or tender 10
the adverse party as precedent TO
the right to rescind the consideration
received under the contract sought TO
be rescinded.
| 2. A party who brings an equit-
able action for rescission does not be-
come Invested OF his interest in the
property offered to be returned by
| making the offer to return 1t. The
offer to return becomes effective only
IL accepted by the adverse party or
when a Tescission is adtudged by the
court In event rescission is not ad-
| judged the parties stand in the same
position as though rescission had not
been sought, and the property offered
to be returned remains the property
of the party who seeks rescission.
8. To constitute an equitable es-
topped there must exist false rep
resentation or concealment of facts
made with knowledge actual or con-
structiyes and the party to whom II
was made must have been without
knowledge or means Of knowledge OF
the real facts.
both parties or where they both have
actual means of knowledge there can
be no equitable estoppel short of one
arising from actual contract.
From judgment of the, district
court Of Cass county; Pollock, J.
Defendant appeals.
Affirmed.
Opinion OF the court BY Christian
son, ].
From CRss County.
T. +. McCue, plaintiff and respond
ent VS. The Equity Cooperative Pub
fishing Co. Of Fargo, ct al, defend
ants and appellants.
Syllabus:
/. In this state every man may
freely write. speak and publish his
opinions on all subjects, but is re-
sponsible for an abuse of that privi-
lege to any person injured by such
abuse.
3. Under the laws of this state
every person has subject to the
qualifications and restrictions pro-
vided by law, the right to projections
from defamation by libel or SANDER
And any person who abuses the priv
ilege of freedom of speech and nber-
ty of the press by mahciously pub
fishing libelous matter Of or concern
ing another is liable to the person
libeled for the injury oecasioned by
the publication.
8. ANY false and unprivileged
publication, by writing, printing, pic
ture, effigy or other fixed representa-
tion to the eye which exposes any
person to hatred, contempt ridiculet
or obIouuy, or which causes him to be
Stunned or avoided, or which has
tendency to iniure him in his occu-
patton, Is libelous.
4. If there is any doubt as to the
meaning Of a publication claimed to
be libelous, so that extTinsic evidence
is needed to determine whether Ii is
OF actionable character; or IL such
publication is reasonably susceptible
OF two constructions, the one limo
cent and the other libelous, then Ii is
a question for the Jury which con-
struction is the proper one.
5. A general demurrer to a com
plant in an action for libel will be
overTuled If any of the statements
therein, when construed in connection
with the remainder of the article OF
which ii forms a part, is reasonably
susceptible of the libelous meaning
ascribed thereto In the complaint.
Appeal from the district court OF
Cass county; Pollock, judge.
From an order overruling a demur-
rer to the complaint.
Defendants appeal
Affirmed
Opinion of the court by Christian
son, ].
Bruce. c. j., concurring; Grace and
Robinson, il, dissenting.