J. I. Case Threshing Machine Co. v. Loomis
North Dakota Supreme Court
Appeal from the County Court of Ransom County; Thomas, J. Action to recover for merchandise furnished. Counterclaim for commission. Judgment for defendant on counterclaim. Plaintiff appeals. Statement of facts by Bruce, J. This action was tried to the court, a jury having been waived. It was brought by the plaintiff and appellant threshing machine company to recover from the defendant and respondent the sum of $135.90 for merchandise furnished.
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Appeal from the County Court of Ransom County; Thomas, J. Action to recover for merchandise furnished. Counterclaim for commission. Judgment for defendant on counterclaim. Plaintiff appeals. Statement of facts by Bruce, J. This action was tried to the court, a jury having been waived. It was brought by the plaintiff and appellant threshing machine company to recover from the defendant and respondent the sum of $135.90 for merchandise furnished. The defendant admitted the debt, but set up a counterclaim in the sum of $420 for a commission claimed to have been earned by the defendant in the…
1Dissent
Goss,- J.,
dissenting. My views are not in accord with the majority. This is not because of the law announced, but rather because, as I view it, the main contention of the respondent is ignored entirely, and few, if any, of the facts supporting it stated. Loomis held a dealer’s contract with the company wherein, as stated in the majority opinion, it was at the option of the company in the first instance, provided a sale was made under the contract, as to whether it would allow defendant a commission on the sale. But because this dealer’s contract was in existence, it does not necessarily…
2Cases cited8 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Koester v. Northwestern Port Huron Co.South Dakota Supreme Court · 1910
- Advance Thresher Co. v. VinckelNebraska Supreme Court · 1909
- Colean Manufacturing Co. v. BlanchettNorth Dakota Supreme Court · 1907
- Nichols Shepard Co. v. John E. Paulson & Bro.North Dakota Supreme Court · 1897
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