Dowagiac Manufacturing Co. v. Hellekson
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the Dowagiac Manufacturing Company against O. H. Hellekson. Judgment for defendant, and plaintiff appeals. Where title to goods sold is reserved by the seller as security only, he -can -waive the security and sue for the purchase price.
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Appeal from District Court, Cass county; Pollock, J. Action by the Dowagiac Manufacturing Company against O. H. Hellekson. Judgment for defendant, and plaintiff appeals. Where title to goods sold is reserved by the seller as security only, he -can -waive the security and sue for the purchase price. Appeal of Beach, 20 Atl. 475; Bessinger Co. v. Cain, 18 S. W. 136; Monroe v. Williams, 15 S. E. 279; Crompton v. Beach, 25 Atl. 446; Campbell Co. v. Rocaway, 29 Atl. 681; Truax v. Parvis, 32 Atl. 227; Earl v. Robinson, 33 N. Y. Supp. 606; Parlin Co. v. Moline Co. 27 S. W. 1087; Singer Mfg. Co. v.…
1Opinion of the CourtMorgan, J.
In the year 1901 plaintiff and defendant entered into a written contract under which defendant was to sell at Fair-mount, N. D., and all territory tributary thereto, the grain-seeding machinery manufactured by plaintiff at Dowagiac, Mich., during the year 1902. The contract provided for a settlement of accounts on May 1st, as all sales for the year were deemed to have been made by that date. The contract also provided that, if payments were made for sales of that year by June 1st, certain discounts would be made -'by plaintiff. The contract also contained the following clause: “This agreement…
2Cases cited16 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Coles v. Jefferson Ins. Co.West Virginia Supreme Court · 1895
- Crans v. . HunterNew York Court of Appeals · 1863
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3Cited by11 opinions
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- Ruettell v. Greenwich InsuranceNorth Dakota Supreme Court · 1907
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