Elliott Supply Co. v. Johnson
North Dakota Supreme Court
Appeal from District Court, Hettinger County, Crawford, J. Prom a judgment in defendant’s favor, plaintiff appeals. A warranty is an agreement by wbicb a seller assures to a buyer the existence of some fact affecting the transaction, whether past, present, or future. A statement that “the machine is guaranteed and it will beat anything in this part of the country” is a mere boast. Esterly Harvesting Mach.
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Appeal from District Court, Hettinger County, Crawford, J. Prom a judgment in defendant’s favor, plaintiff appeals. A warranty is an agreement by wbicb a seller assures to a buyer the existence of some fact affecting the transaction, whether past, present, or future. A statement that “the machine is guaranteed and it will beat anything in this part of the country” is a mere boast. Esterly Harvesting Mach. Co. v. Berg, 52 Neb. 147, 71 N. W. 952. The breach of a warranty of the quality or personal property on a sale, entitles the buyer to rescind unless it has become an executed contract. Comp.…
1Opinion of the Court
Fisk, Ch. L
This appeal is from a judgment of the District court of Hettinger county. Plaintiff seeks to recover on a promissory note of $58.50. Defendant admits the execution and delivery of the note, and alleges by way of counterclaim that such note and a like amount of cash were given by the defendant to the plaintiff as the purchase price of three belt guides and shifts sold to defendant on August 3, 1912, under an alleged warranty as to the quality and fitness of the same for the uses and purposes for which they were sold. Facts showing a *635'breach of such warranty are alleged, and also…
2Cases cited1 opinion
- Simonson v. JensonNorth Dakota Supreme Court · 1905