Needham v. Halverson
North Dakota Supreme Court
Appeal from the District Court of Barnes county; Burke, J. Action for damages caused by the sale of glandered horses. Verdict and judgment for the plaintiff. Defendant appeals. This is an action to recover damages occasioned by the sale of glandered horses.
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Appeal from the District Court of Barnes county; Burke, J. Action for damages caused by the sale of glandered horses. Verdict and judgment for the plaintiff. Defendant appeals. This is an action to recover damages occasioned by the sale of glandered horses. In the complaint two causes of action are joined, one in contract for breach of a warranty that the said horses were free from disease, and one in. tort for a false and fraudulent warranty and statements of facts in relation to glanders, and a sale as a result thereof. Verdict and judgment were rendered for the plaintiff in the sum of…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Defendant contends that the trial court erred both in refusing to compel plaintiff to elect under which of said causes of action he would proceed, and in not refusing to admit any evidence under the complaint on account of the alleged misjoinder of causes of action. There was no misjoinder, and the court did not err. “In the sale of a horse,” says Mr. Phillips on page 184 of his work on Code Pleading, “the vendor may make both a false warranty and a false representation, and thus become liable to the vendee for the deceit and for the breach of warranty; and…
2Cases cited9 opinions
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Standefer v. Aultman & Taylor MacHinery Co.Court of Appeals of Texas · 1904
- Murphy v. McGrawMichigan Supreme Court · 1889
- Freer v. . DentonNew York Court of Appeals · 1875
- Humphrey v. MerriamSupreme Court of Minnesota · 1887
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3Cited by16 opinions
- Vallejo v. Jamestown CollegeNorth Dakota Supreme Court · 1976
- Moorhead Construction Co., Inc., a Corporation, Appellee-Cross-Appellant v. City of Grand Forks, a Municipal Corporation, Appellant-Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1975
- Bakke v. Magi-Touch Carpet One Floor & Home, Inc.North Dakota Supreme Court · 2018
- Wilson v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915
- Hellstrom v. First Guaranty BankNorth Dakota Supreme Court · 1926
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