J. L. Owens Co. v. Bemis
North Dakota Supreme Court
Appeal from District Court, Traill county; Charles A. Polloclc, J. Action by J. L. Owens Company against Yera C. Bemis and another, doing business as Bemis & Wilsie. From a judgment for defendants, and from orders denying motions for judgment non obstante veredicto and for a new trial, plaintiff appeals.
1Opinion of the CourtFisk, J.
Action to recover the purchase price of certain grain-cleaning machinery claimed by plaintiff to have been sold by it to defendants in the fall of 1907. Such sale is expressly denied in the answer, and defendants’ contention is that they merely gave to plaintiff’s agent an order for such machinery amounting to a proposal to purchase, . and before the same was accepted by plaintiff they countermanded such order.
At the conclusion of all the testimony, both parties moved for a directed verdict,, whereupon the trial court granted defendant’s motion, and judgment was entered pursuant to the…
2Cases cited10 opinions
- McKindly v. DunhamWisconsin Supreme Court · 1882
- Bauman v. McManusSupreme Court of Kansas · 1907
- McCormick Harvesting Machine Co. v. RichardsonSupreme Court of Iowa · 1893
- Merchants' Exchange Co. v. SandersSupreme Court of Arkansas · 1905
- Reeves & Co. v. BrueningNorth Dakota Supreme Court · 1904
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3Cited by6 opinions
- Consolidated Fuel Co. v. GunnSupreme Court of Oklahoma · 1923
- American Body & Trailer Co. v. HigginsSupreme Court of Oklahoma · 1944
- Truscon Steel Co. v. CookeCourt of Appeals for the Tenth Circuit · 1938
- Ley v. Home Insurance Co.North Dakota Supreme Court · 1933
- Stimpson Computing Scale Co. v. EhmsenAppellate Court of Illinois · 1927
1 more not listed; retrieve them via the Exa API.