Fossum v. Halland
North Dakota Supreme Court
Appeal from the District Court of Richland County, North Dakota, Frank P. Allen> -I. “In the sale of an article to be used for food for human beings there is an implied warranty that the article is sound and is in fact suitable and proper to be used as food.”
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Appeal from the District Court of Richland County, North Dakota, Frank P. Allen> -I. “In the sale of an article to be used for food for human beings there is an implied warranty that the article is sound and is in fact suitable and proper to be used as food.” Nelson v. Armour Packing Co. 76 Ark. 352; Wiedman v. Keller, 171 111. 93; Hoover v. Peters, 18 Mich. 51; Burch v. Spencer, 15 Hun, 504; Divine v. McCormick, 50 Barb. 116; Houck v. Berg (Tex.) 105 S. W. 1176; Jones v. Murray, 19 Ky. 83; Emerson v. Brigham, 10 Mass. 70; Ryder v. Neitge, 21 Minn. 70; Moses v. Meade, 1 Denio, 378; Farrell v.…
1Dissent
Christianson, Oh. J.
(dissenting). I dissent. It is undisputed that the potatoes which the defendants agreed to purchase from the plaintiffs were to be marketable potatoes. It was understood that they were to be shipped to Kansas City and placed on the market there. The defendants contend that Halland examined the potatoes in the car, found them to be worthless, and refused to accept them. It is undisputed that the defendants returned the bill of lading to the plaintiff, but that plaintiff refused to accept it. It is also undisputed that the plaintiff dug, hauled, and loaded the potatoes on…
2Cases cited2 opinions
- Barrow v. PenickSupreme Court of Louisiana · 1903
- D. Rosenbaum's Sons v. Davis & Andrews Co.Mississippi Supreme Court · 1916