Page:North Dakota Reports (vol. 1).pdf/555



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1. An action in equity to set aside foreclosure proceedings as constituting a cloud on plaintiff's title cannot be maintained where such foreclosure proceedings were void on the face of the record. Morris v. McKnight, 266.

2. One in possession of real estate, but having no legal or equitable title thereto, cannot maintain an action to remove a cloud upon the title thereto. Jackson v. LaMoure Co., 238.

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1. One who participates in and assents to the carrying out of an agreement in a certain manner is estopped to say that it was not properly done. Hennessy v. Griggs, 52.

2. Against insured, is created by silence after notice of errors made by agent of insurer in writing application. ''Johnson v. Ins. Co., 167''.

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Rendering bills and accepting salary at a less rate than that fixed by law does not preclude an officer from claiming full pay for salary subsequently coming due. O’Hare v. Park River, 279.

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The officers of a school township cannot estop the township by a representation, express or implied, that the facts to authorize the issue of a lawful warrant exist. Bank v. School Township, 26.

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Defendant having written plaintiff asking if it could furnish defendant coal at same prices and terms as previous season, if he used about one-half to two-thirds of amount used the previous season, and plaintiff having, by letter, in answer to his inquiry, offered to sell at the price of $3.50 per ton, and defendant having thereafter, by letter, accepted the offer, held, that parol evidence to show that, intermediate plaintiff's offer and defendant’s acceptance, the parties fixed the amount of coal to be delivered at the full amount used by defendant the season before,