Fahey v. Esterley Machine Co.
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, ]. Action by Patrick Fahey against the Esterley Harvesting Machine Company for a rescission of contract. Plaintiff had judgment, and from an order denying a new trial, defendant appeals. Where the warranty under which machinery is sold requires wi'itten notice to be given the vendor or its agents in case of breach, no action based on such breach is maintainable unless such notice has been given.
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Appeal from District Court, Richland County; Lauder, ]. Action by Patrick Fahey against the Esterley Harvesting Machine Company for a rescission of contract. Plaintiff had judgment, and from an order denying a new trial, defendant appeals. Where the warranty under which machinery is sold requires wi'itten notice to be given the vendor or its agents in case of breach, no action based on such breach is maintainable unless such notice has been given. Nicholas v. Wyman, 32 N. W. Rep. 258; Furneaux v. Esterly, 13 Pac. Rep. 824; Nicholas v. Larkin, 79 Mo. 264; Nicholas v. Hall, 4 Neb. 210; Miller…
1Opinion of the CourtCorliss, J.
The basis of this action is the rescission of a contract for the sale and purchase of a twine-binding harvester. The plaintiff purchased the property of the defendant for $110, giving his negotiable promissory note therefor. Upon the sale a written warranty was given to plaintiff by defendant. Plaintiff, claiming that the harvester was not as warranted, returned the machine, and brought suit to recover the purchase price, alleging the defendant had negotiated the note before maturity thereof. One of the defenses set forth in the answer was estoppel by record. This defense was struck out on…
2Cases cited12 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Russell v. PlaceSupreme Court of the United States · 1877
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Bell v. . MerrifieldNew York Court of Appeals · 1888
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3Cited by39 opinions
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- Crowson v. CodySupreme Court of Alabama · 1926
- Brooks Bros. Lumber Co. v. Case Threshing Machine Co.Supreme Court of Georgia · 1911
- Harris v. MasonTennessee Supreme Court · 1907
- Knutson v. EkrenNorth Dakota Supreme Court · 1942
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