Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 North Dakota opinions name it 1 courts 1903–2021 1 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hofmann v. Stollergreen2 sentences2011Hofmann , at 790-91. 2011Hofmann , at 790-91. | 2 | 2 |
Williston Cooperative Credit Union v. Fossumgreen1 sentence2021Thus, part payment of the purchase price and substantial improvements to the property may remove an oral contract from the statute of frauds and create an enforceable contract constituting an enforceable equitable property interest.” Williston Co-Op Credit Union v. Fossum, 459 N.W.2d 548, 551 (N.D. 1990) (emphasis added). [¶16] The Schirados’ remaining three arguments arise under the doctrine of part performance. | 1 | 1 |
Cooke v. Blood Systems, Inc.green1 sentence1998Felco responds there was no oral agreement to forgive past due rent and argues the trial court should have decided this question as a matter of law because the alleged agreement to forgive over $50,000 in past due percentage rent was not in writing as required by N.D.C.C. § 9-06-04(5), which provides “[a]n agreement or promise to alter the terms of repayment or forgiveness of a debt that is in an aggregate amount of twenty-five thousand dollars or greater” must be “in writing and subscribed by the party to be charged.” Doug’s, however, argues the doctrine of part performance “is a bar to the a | 1 | 1 |
Vasichek v. Thorsengreen2 sentences1997See also Restatement of Contracts (First) § 197 (1932) (part performance satisfied if purchaser “(a) makes valuable improvements on the land, or (b) takes possession thereof or retains a possession thereof existing at the time of the bargain, and also pays a portion or all of the purchase price”); Breen v. Phelps, 186 Conn. 86 , 439 A.2d 1066, 1074 (1982) (possession is not a prerequisite for part performance, but “may be highly significant in establishing the reasonable reliance upon the oral contract which is essential”); Powell, ¶ 880[2][c][i], at p. 81-70 (“To be sufficient under the doctr 1997See also Restatement of Contracts (First) § 197 (1932) (part performance satisfied if purchaser “(a) makes valuable improvements on the land, or (b) takes possession thereof or retains a possession thereof existing at the time of the bargain, and also pays a portion or all of the purchase price”); Breen v. Phelps, 186 Conn. 86 , 439 A.2d 1066, 1074 (1982) (possession is not a prerequisite for part performance, but “may be highly significant in establishing the reasonable reliance upon the oral contract which is essential”); Powell, ¶ 880[2][c][i], at p. 81-70 (“To be sufficient under the doctr | 1 | 1 |
Breen v. Phelpsgreen2 sentences1997See also Restatement of Contracts (First) § 197 (1932) (part performance satisfied if purchaser “(a) makes valuable improvements on the land, or (b) takes possession thereof or retains a possession thereof existing at the time of the bargain, and also pays a portion or all of the purchase price”); Breen v. Phelps, 186 Conn. 86 , 439 A.2d 1066, 1074 (1982) (possession is not a prerequisite for part performance, but “may be highly significant in establishing the reasonable reliance upon the oral contract which is essential”); Powell, ¶ 880[2][c][i], at p. 81-70 (“To be sufficient under the doctr 1997See also Restatement of Contracts (First) § 197 (1932) (part performance satisfied if purchaser “(a) makes valuable improvements on the land, or (b) takes possession thereof or retains a possession thereof existing at the time of the bargain, and also pays a portion or all of the purchase price”); Breen v. Phelps, 186 Conn. 86 , 439 A.2d 1066, 1074 (1982) (possession is not a prerequisite for part performance, but “may be highly significant in establishing the reasonable reliance upon the oral contract which is essential”); Powell, ¶ 880[2][c][i], at p. 81-70 (“To be sufficient under the doctr | 1 | 1 |
Miller v. McCamishgreen2 sentences1981The North Dakota Supreme Court discussed the doctrine of part performance in Buettner v. Nostdahl, 204 N.W.2d 187, 195 (N.D.1973) [wherein the Washington case of Miller v. McCamish, 78 Wash.2d 821 , 479 P.2d 919 at 923, 924 (1971), quoted from an earlier Washington case, Granquist v. McKean, 29 Wash.2d 440, 445 , 187 P.2d 623, 626 (1947)] as enunciated in the Washington court to the effect that a contract to be exempted from the statute of frauds must be proven by evidence that is clear and unequivocal and which leaves no doubt as to the terms, character, and existence of the contract; and it 1981The North Dakota Supreme Court discussed the doctrine of part performance in Buettner v. Nostdahl, 204 N.W.2d 187, 195 (N.D.1973) [wherein the Washington case of Miller v. McCamish, 78 Wash.2d 821 , 479 P.2d 919 at 923, 924 (1971), quoted from an earlier Washington case, Granquist v. McKean, 29 Wash.2d 440, 445 , 187 P.2d 623, 626 (1947)] as enunciated in the Washington court to the effect that a contract to be exempted from the statute of frauds must be proven by evidence that is clear and unequivocal and which leaves no doubt as to the terms, character, and existence of the contract; and it | 1 | 1 |
Buettner v. Nostdahlgreen1 sentence1981The North Dakota Supreme Court discussed the doctrine of part performance in Buettner v. Nostdahl, 204 N.W.2d 187, 195 (N.D.1973) [wherein the Washington case of Miller v. McCamish, 78 Wash.2d 821 , 479 P.2d 919 at 923, 924 (1971), quoted from an earlier Washington case, Granquist v. McKean, 29 Wash.2d 440, 445 , 187 P.2d 623, 626 (1947)] as enunciated in the Washington court to the effect that a contract to be exempted from the statute of frauds must be proven by evidence that is clear and unequivocal and which leaves no doubt as to the terms, character, and existence of the contract; and it | 1 | 1 |
Granquist v. McKeangreen2 sentences1981The North Dakota Supreme Court discussed the doctrine of part performance in Buettner v. Nostdahl, 204 N.W.2d 187, 195 (N.D.1973) [wherein the Washington case of Miller v. McCamish, 78 Wash.2d 821 , 479 P.2d 919 at 923, 924 (1971), quoted from an earlier Washington case, Granquist v. McKean, 29 Wash.2d 440, 445 , 187 P.2d 623, 626 (1947)] as enunciated in the Washington court to the effect that a contract to be exempted from the statute of frauds must be proven by evidence that is clear and unequivocal and which leaves no doubt as to the terms, character, and existence of the contract; and it 1981The North Dakota Supreme Court discussed the doctrine of part performance in Buettner v. Nostdahl, 204 N.W.2d 187, 195 (N.D.1973) [wherein the Washington case of Miller v. McCamish, 78 Wash.2d 821 , 479 P.2d 919 at 923, 924 (1971), quoted from an earlier Washington case, Granquist v. McKean, 29 Wash.2d 440, 445 , 187 P.2d 623, 626 (1947)] as enunciated in the Washington court to the effect that a contract to be exempted from the statute of frauds must be proven by evidence that is clear and unequivocal and which leaves no doubt as to the terms, character, and existence of the contract; and it | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nasanowitz v. Hane
neutral
1 sentence1903The doctrine of part performance applies only where a contract is so far performed that the parties cannot be restored to their original position except by equitable aid, which is sometimes extended to prevent fraud.” See, also, Nasanowitz v. Hanf (Sup.) 39 N. Y. | 1 | 1903–1903 |
Dunckel v. . Dunckel
neutral
2 sentences1903Supp. 327 ; Dunckel v. Dunckel, 141 N. Y. 427 , 36 N. E. 405 ; Frye on Spec. 1903Supp. 327 ; Dunckel v. Dunckel, 141 N. Y. 427 , 36 N. E. 405 ; Frye on Spec. | 1 | 1903–1903 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.