ROHRVILLE FARMERS UNION ELEVATOR CO. v. FRISON

No. 7183.

42 N.W.2d 354 (1950)

ROHRVILLE FARMERS UNION ELEVATOR CO. v. FRISON.

Supreme Court of North Dakota.

Rehearing Denied May 9, 1950.


Attorney(s) appearing for the Case

Sinness & Duffy, Devils Lake, for plaintiff and respondent.

F. T. Cuthbert, Devils Lake, for defendant and appellant.


MORRIS, Judge.

The plaintiff seeks to recover from the defendant the sum of $1220.00 which it alleges was paid to the defendant under a mistake of fact. The case was tried to a court without a jury. From a judgment in favor of the plaintiff the defendant appeals and demands a trial de novo.

The plaintiff is a grain warehouseman with its place of business located in the town of Rohrville. The defendant is a farmer operating in the trade territory served by...

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