Elliott Supply Co. v. Green
North Dakota Supreme Court
Action to recover the purchase price of merchandise. Appeal from the District Court of Richland County, Frank P. Allen, J. Judgment for defendant. Plaintiff appeals. In the trial of a case before a jury, a pleading filed in the case is not affirmative evidence in behalf of the party filing it.
Read the full summary
Action to recover the purchase price of merchandise. Appeal from the District Court of Richland County, Frank P. Allen, J. Judgment for defendant. Plaintiff appeals. In the trial of a case before a jury, a pleading filed in the case is not affirmative evidence in behalf of the party filing it. It is only evidence which the jury should consider, and it was error for the court to read to the' jury those parts of the defenses contained in the answer which had been abandoned by defendant and to which no- evidence has been adduced or directed. Bertelson v. Chicago, M. & St. P. R. Co. 5 Dale. 313,…
1Opinion of the Court
Bruce, Ch. L
This is an appeal from a verdict and judgment for the plaintiff, and this opinion is written after argument on a petition for a rehearing.
The complaint alleges “that on or about the 24th day of September, 1913, the plaintiff sold and delivered to the defendant, goods, wares, and merchandise (silverware) for which the defendant promised and agreed to pay the sum of $180, that no part of said sum has been paid.”
The answer contains a general denial, and in addition alleges a rescission of the contract of purchase on the ground of fraudulent rep-*646x-esentations which were alleged to…
2Cases cited8 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Swanson v. AllenSupreme Court of Iowa · 1899
- Sunshine Cloak & Suit Co. v. Roquette Bros.North Dakota Supreme Court · 1915
- Hart-Parr Co. v. FinleyNorth Dakota Supreme Court · 1915
- Liland v. TwetoNorth Dakota Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Froh v. HeinNorth Dakota Supreme Court · 1949
- Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
- Advance-Rumely T. Co., Inc. v. JacobsIdaho Supreme Court · 1931
- Northern Pacific Railway Co. v. Morton CountyNorth Dakota Supreme Court · 1964
- Jones v. BrandtWisconsin Supreme Court · 1921
7 more not listed; retrieve them via the Exa API.