The Bismarck tribune., 1919-03-21
SUPREME COURT
From , Riehland County.

From Richland County.
Olaf Fossum, plaintiff and -rsspon.
dent, VS., Samuel Halland and David
Askegaard, .co-partners doing bust
ness as sHalland & Askegaard, de.
PENDANTS and appellants.
Syllabus: tD In an action to re-
cover the purchase price OF certain
potatoes at the contract lprice of $50
per ibushel, we hold, that, the evidence
shows a delivery by. the plaintiff to
the defendant Of the potatoes so de-
livered
.(2) The defendant claims the pota-
toes were not marketable and were
frozen. They did not, however, set
forth any counterclaim in their ans
wer, thus, if there were delivery Of
the potatoes, defendants were liable
shows the delivery '-~ 80
for the, contract price. Evidence
Appeal from the District Court Of
Richland County, North Dakota, Hon.
Frank p. Allen, Judge. ~ S,8
r.. Affirmed. Opinion of the court by
Grace, J. Christianson, c. j.. .dissents.
Wolf 4 Schneider, Wahpeton, North
Dakota, Attorneys for plaintiff and
respondent a-
w. IL. Purcell, Wahpeton, North Da-
kota, Attorney for defendants and ap-
pellants.
From Benson County. 4.
Bovey -Shute Lumber Company, u
corporation, plaintiff and respondent,
VS., Farmers and Merchants Bank OF
Leeds, North Dakota. corporation,
defendants and appellant.
Syllabus: When, for the manifest
purpose of protecting his liens and
titles, a party redeems from a fore
closure sale, there is no gift or volun-
tary payment. /., ..
go When q party unjustly con-
trives to put another in a dilemma,
to put him. as it were, between tie
Devil, and the deep sea, and he jumps
one way, it is not for the wrongdoer
to insist that he should have jumped
another way.
Appeal from the district court Of
Benson County; Hon. c. w. Buttz, J.
Affirmed. Opinion of the court by
Robinson, J. Bronson and Grace, u.
concur in the result.
Sinness & Duffy, Minnewaukan,
and Adrian Z. Buttz, Leeds, Attorneys
for appellant.
Cuthbert & Smythe, Devils Lake,
and r. A. Stuart, Minnewaukan, At
ltorneys for respondent.
From Divide County.
| G. II. Bach, plaintiff and appellant,
| vs., Helen Lyons, ct al, defendants
and respondents.
Syllabus: !. In an action to
quiet title to land, where the plaintiff
bases Gais right, title. or interest there
in upon an agreement, made for legal
fees in connection with certain con-
test proceedings upon a homestead
entry, and, which provides that the at
torney shall be entitled to receive an
undivided one-third interest in the
land involved. or the equivalent there
Of in money at tho option of the par
ties, it is held, that the agreement
is a contract, executory in its nature,
and not q conveyance of a right, ill.,
terest, or estate in realty.
| 2. In such action, where the par
ties have agreed upon the amount to
bo paid tho attorney IN money and
tho evidence discloses> an intention
to pay such attorney the cuivalent
of the land value in money, it is
held, that no action will lie against
the heirs Of the deceased patcntee
!! upon this agreement as a conveyance,
or. a contract to convey real estate.
Aceion to quiet title to heal estate;
In, district court, Divide County,
Leighton, J. From a judgment render
ed, in favor of the defendants dismiss
ing plaintiffs action and quieting
title in the defendants, the plaintiff
! appeals and demands trial de novo.
MODIFIED AND AFFIRMED. Opi1-
ion of the Court by Bronson. J.
ID. c.. Greenleaf and John II. Lewis,
NIinot, Attorneys for appellant.
MCGEE & Goss, Attorneys for re-
spopdents.
From Ward County.
W.. J. Brugman. plaintiff and rc-
spondent, VS., J. Charlson and Jalma"
jacobson, defendants and appellants.
sSyllabus: j. A deed delivered
with the name of the grantee there.
in blank, with no proper authoriza-
ton shown to fill in the name of the
grantee, is void on it's face.
| 2. In an action for specific per-
formance to enforce a contract for
the sale of land by the vendor, where
such vendor has rendered, or has Of
fered to perform by the delivery of
a deed delivered to him by his gran
tors with the name of the grantees
therein blank. and where the vendor
does not show an ability to furnish
a title, or a conveyance directly
from his grantors to the purchaser,
or from himself to the purchaser
which is reasonably free from doubt,
equity will not recree specific per-
| formapce. ~.