Legal Opinion

Groff v. Cook

North Dakota Supreme Court

Decided April 19, 1916PublishedCited by 3 opinions

Appeal from tbe District Court, Gass County, O. A. Polloclc, J. From a judgment in plaintiff’s favor and from an order denying motion for new trial, defendant appeals. On a sale of personal property the acceptance by the buyer is just as vital to a recovery as is the existence of the contract to sell. Dinnie v. Johnson, 8 N. D. 157, 77 N. W. 612; Stone v. Browning, 51 N. Y. 211; Caulkins v. Heilman, 47 N. Y. 449, 7 Am. Rep. 461; Taylor v. Mueller, 30 Minn. 343, 44 Am.

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Appeal from tbe District Court, Gass County, O. A. Polloclc, J. From a judgment in plaintiff’s favor and from an order denying motion for new trial, defendant appeals. On a sale of personal property the acceptance by the buyer is just as vital to a recovery as is the existence of the contract to sell. Dinnie v. Johnson, 8 N. D. 157, 77 N. W. 612; Stone v. Browning, 51 N. Y. 211; Caulkins v. Heilman, 47 N. Y. 449, 7 Am. Rep. 461; Taylor v. Mueller, 30 Minn. 343, 44 Am. Rep. 199, 15 N. W. 413; Rindskopf v. DeRuyter, 39 Mich. 1, 33 Am. Rep. 340; Browne, Stat. Hr. .§ 138,, E.; 20 Oyc. 249; Grimes…

1Opinion of the Court

Bisk, Ch. J.

Action to recover the purchase price of three cars of potatoes alleged to have been sold and delivered by plaintiff to defendant at Gardner, this state, in the month of November, 1913. The facts are fairly stated by appellant’s counsel and are substantially as follows: “Plaintiffs claims that the defendant purchased from him 1,428 bushels of potatoes at the agreed price of 60 cents per bushel, — total $856.80,— for which he has not received any compensation except a store account which he owed the defendant, amounting to $297.53, for which amount he has given the defendant credit,…

2Cited by3 opinions

  1. Baldus v. MatternNorth Dakota Supreme Court · 1958
  2. Fried v. LonskiNorth Dakota Supreme Court · 1922
  3. Abraham v. DurwardNorth Dakota Supreme Court · 1920

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