Dr. Koch Medical Tea Co. v. Poitras
North Dakota Supreme Court
Action to recover upon a guaranty. Appeal from tbe District Court of Rolette County, O. W. ButtZj J. Judgment for plaintiff. Tbis is an action to recover upon a guaranty for tbe performance of a certain contract for tbe purchase of medicines. One Durocber had tbe right for certain counties for tbe sale of certain products of tbe plaintiff medicine company. He desired to give up tbe business, but at tbe time was owing tbe plaintiff $975.49 for goods furnished to him.
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Action to recover upon a guaranty. Appeal from tbe District Court of Rolette County, O. W. ButtZj J. Judgment for plaintiff. Tbis is an action to recover upon a guaranty for tbe performance of a certain contract for tbe purchase of medicines. One Durocber had tbe right for certain counties for tbe sale of certain products of tbe plaintiff medicine company. He desired to give up tbe business, but at tbe time was owing tbe plaintiff $975.49 for goods furnished to him. Tbe defendant Poitras, who1, though a defendant in this action, seems to have moved from tbe state and not to have been served…
1Opinion of the CourtBruce, J.
(after stating the facts as above). This opinion is written after a rehearing. The main question which is presented revolves .around the following instruction to the jury:
“There has been some testimony offered and received in this lawsuit with regard to representations made by Mr. Duroeher and Mr. Poitras to Mr. Marion and Mr. Tetrault with reference to whether or not this was simply a recommendation rather than a guaranty of payment. I ■say to you now you will pay no attention to that evidence. I am convinced now I should not have admitted evidence on that subject, because neither Mr.…
2Cases cited3 opinions
- County of Schuylkill v. CopleySupreme Court of Pennsylvania · 1871
- Saginaw Medicine Co. v. BateyMichigan Supreme Court · 1914
- W. T. Rawleigh Medical Co. v. LaursenNorth Dakota Supreme Court · 1913
3Cited by9 opinions
- JR Watkins Company v. VangenNorth Dakota Supreme Court · 1962
- J.R. Watkins Company v. KeeneyNorth Dakota Supreme Court · 1924
- J. R. Watkins Medical Co. v. PayneNorth Dakota Supreme Court · 1920
- W. T. Rawleigh Co. v. WarrenSouth Dakota Supreme Court · 1924
- J. R. Watkins Co. v. BeyerWisconsin Supreme Court · 1931
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