Plano Manufacturing Co. v. Root
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder,]. Action by the Plano Manufacturing Company against William Root. Plaintiff had judgment, by direction of the court, and defendant appeals. Plaintiff sued upon a written contract. By the terms of its warranty it was incumbent upon the plaintiff to furnish the defendant a machine that was well made, of good material and with proper care and management, capable of doing as good work as any other machine on the market.
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Appeal from District Court, Richland County; Lauder,]. Action by the Plano Manufacturing Company against William Root. Plaintiff had judgment, by direction of the court, and defendant appeals. Plaintiff sued upon a written contract. By the terms of its warranty it was incumbent upon the plaintiff to furnish the defendant a machine that was well made, of good material and with proper care and management, capable of doing as good work as any other machine on the market. The basis of plaintiff’s action being upon a contract, it was necessary for it to show that it had complied with the terms of…
1Opinion of the CourtCorliss, J.
The action was brought to recover the purchase price of a binder sold by plaintiff to defendant. On the trial a verdict was directed for the plaintiff. Defendant appeals. The order for the binder was in writing. It constituted the contract between the parties. It, in substance, authorizes and requests an agent of the plaintiff’s to procure for defendant a harvester and binder, describing it, for which defendant agrees to pay $120 in addition to freight, etc., on delivery of the property. The order then continues as follows: “I understand that the machine referred to is sold, and that I am…
2Cited by10 opinions
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- Sanderson v. Trump Manufacturing Co.Indiana Supreme Court · 1913
- Axford v. GainesNorth Dakota Supreme Court · 1923
- Embden State Bank v. SchulzeNorth Dakota Supreme Court · 1923
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