Sockman v. Keim
North Dakota Supreme Court
Appeal from District Court, McLean County; Winchester, J. Action by Jakob Sockman against John P. Keim and Phillip Keim. Judgment for plaintiff, and defendants appeal. Where a pleading presents a cause of action, that may be ex contractu or ex delicto, pleader must elect on which he will stand.
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Appeal from District Court, McLean County; Winchester, J. Action by Jakob Sockman against John P. Keim and Phillip Keim. Judgment for plaintiff, and defendants appeal. Where a pleading presents a cause of action, that may be ex contractu or ex delicto, pleader must elect on which he will stand. Connell v. M'cNett, 67 N. W. 344; Marsh v. Webber, 13 Minn, 101; Reynolds v. LaCrosse Packet Co., 10 Minn. 178; Gailbraith v. Car-mode, 86 Pac. 624; Davis v. Tubbs, 64 N. W. 534; Anderson v. Case, 26 Wis., 506; Pierce v. Carey, 37 Wis. 232; Wirth v. Bar-tell, 54 N. W. 399; ITarvey v. Southern Pac. Co.,…
1Opinion of the CourtCarmody, J.
This is an action for damages for breach of warranty of soundness and for fraudlent representations on the sale of a team of mares by the 'defendants to plaintiff. The complaint charges: That the defendants warranted and represented to the plaintiff that said mares and each of them were in all respects sound and well. That plaintiff relied upon said warranty and representations, and purchased said team of mares from the defendants for the sum of $275. That at the time of said warranty, representations, and sale the said mares were not sound and well, but one of them was suffering from a…
2Cases cited7 opinions
- Lunn v. . ShermerSupreme Court of North Carolina · 1885
- Ross v. . MatherNew York Court of Appeals · 1872
- Beeman v. BuckSupreme Court of Vermont · 1830
- Stevens v. Bradley & SonSupreme Court of Iowa · 1893
- Brown v. Constant GraySupreme Court of North Carolina · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- J. I. Case Co. v. BirdIdaho Supreme Court · 1932
- Salmonson v. HorswillSouth Dakota Supreme Court · 1917
- State v. Movius Land & Loan Co.North Dakota Supreme Court · 1926