Cysewski v. Fried
North Dakota Supreme Court
Appeal by defendant from a judgment of the County Court for Stutsman County having increased jurisdiction, Gonldin, J., in plaintiff’s favor in an action to recover the amount paid for a horse at an auction sale and for damages for breach of warranty by the auctioneer. An auctioneer, by virtue of his naked authority, has no power to warrant property sold. 8 Ene. Ev. 491; 1 Ene. Ev. 995; Upton v. Suffolk County Mills, 11 Cusk. 586, 59 Am.
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Appeal by defendant from a judgment of the County Court for Stutsman County having increased jurisdiction, Gonldin, J., in plaintiff’s favor in an action to recover the amount paid for a horse at an auction sale and for damages for breach of warranty by the auctioneer. An auctioneer, by virtue of his naked authority, has no power to warrant property sold. 8 Ene. Ev. 491; 1 Ene. Ev. 995; Upton v. Suffolk County Mills, 11 Cusk. 586, 59 Am. Dec. 163; The Monte Allegre, 9 Wheat. 627 — 630, 6 L. ed. 177, 178; Court y. Snyder, 2 Ind. App. 440, 50 Am. St. Rep. 247, 28 H. E. 719; 4 Cyc. 1041.…
1Opinion of the Court
Spalding, Ch. J.
Plaintiff and respondent purchased a horse of defendant and appellant at an auction sale of farm property, through appellant’s auctioneer, one Cornwall. This action was brought to recover the amount paid for the horse, and for damages occasioned by its having the glanders when purchased, by reason of a breach of warranty made by the auctioneer. The defense was a general denial. *154Verdict and judgment were in favor of the plaintiff for $115 and costs.
Before proceeding to a consideration of the errors assigned, we think this a suitable occasion to call attention to some of the…
2Cases cited1 opinion
- Canham v. Plano Manufacturing Co.North Dakota Supreme Court · 1893
3Cited by1 opinion
- Johnson v. Worthington Creamery & Produce Co.South Dakota Supreme Court · 1941