Flath v. Casselman
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by George P. Flath against J. P. Casselman. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtYoung, J.
Action on two promissory notes executed and delivered by the defendant, Casselman, and one George Miller, as part payment for a Lambert gasoline threshing engine. Both notes are dated .September 7, 1899. One is for $80, and is payable to the plaintiff. The ■other note is for $400, and is payable to the Lambert Gas & Gasoline Engine Company or order. The defense interposed is that the engine was sold under an express warranty; that there was a.breach thereof, and rescission of the contract by the defendant. The trial was to a jury, and resulted in a verdict for plaintiff for the amount…
2Cases cited9 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Dickey v. DavisCalifornia Supreme Court · 1870
- Bishop v. Chicago, Milwaukee & St. Paul Ry. Co.North Dakota Supreme Court · 1895
- Black v. WalkerNorth Dakota Supreme Court · 1898
- Taylor v. JonesNorth Dakota Supreme Court · 1893
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3Cited by7 opinions
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- Casey v. First BankNorth Dakota Supreme Court · 1910
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