Beers v. Schallern
This text of 161 N.W. 557 (Beers v. Schallern) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
(after stating the facts as above). We are satisfied that reversible error was committed in the giving of the instruction complained of, and that a new trial should be ordered. The plaintiff, in our opinion, failed entirely to prove the special contract set out in his complaint, and the defendants’ theory of the case was not instructed upon. The testimony of the defendant was to the effect that the contract between him and the plaintiff was that he should only pay for [49]*49two thirds of the cost of construction, and that of the plaintiff himself proves nothing more. 22 Enc. PI. & Pr. 564.
The judgment of the District Court is reversed and the cause is remanded for further proceedings according to law.
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Cite This Page — Counsel Stack
161 N.W. 557, 36 N.D. 45, 1917 N.D. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beers-v-schallern-nd-1917.