Dowagiac Manufacturing Co. v. Mahon
North Dakota Supreme Court
Appeal from District Court, Pembina county; Kneeshww, J. Action by the Dowagiac Manufacturing Company against John Mahon and J. B. Robinson. From an order sustaining demurrer to the answer and counterclaim, defendants appeal. If any one of three defenses alleged is good, demurrer should be overruled.
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Appeal from District Court, Pembina county; Kneeshww, J. Action by the Dowagiac Manufacturing Company against John Mahon and J. B. Robinson. From an order sustaining demurrer to the answer and counterclaim, defendants appeal. If any one of three defenses alleged is good, demurrer should be overruled. Flint v. Dulany, 15 Pac. 208; Pryse v. Bank, 48 S. W. 415; Lee v. Mehew, 56 Pac. 1046; Hill v. Walsh, 61 N. W. 440. Pleading is good not only as to express warranties, but entitled the defendant to defend as breach of warranties implied by law. Hoe v. Sanborn, 21 N. Y. 552; Gifíert v. West, 37…
1Opinion of the CourtMorgan, C. J.
The plaintiff brings this action to recover from the defendants the sum of $825.30, claimed to be due to it on account of disks and drills alleged to have been sold and delivered to the defendants under a written contract. This contract provided *520that plaintiff authorized the defendants “to sell the grain seeding machinery manufactured” by it, at Neohe, N. D., and all territory tributary thereto. The plaintiff also therein agreed to appoint “no other agent for said territory.” Defendants therein agreed “to purchase of said Dowagiac Manufacturing Company grain drills and seeders of its…
2Cases cited20 opinions
- Neidefer v. ChastainIndiana Supreme Court · 1880
- Smith v. BarberIndiana Supreme Court · 1899
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Shepard v. MillsIllinois Supreme Court · 1898
- Chrysler v. . CanadayNew York Court of Appeals · 1882
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3Cited by24 opinions
- Bekkevold v. PottsSupreme Court of Minnesota · 1927
- Rasmus v. AO Smith CorporationDistrict Court, N.D. Iowa · 1958
- Poirier Manufacturing Co. v. KittsNorth Dakota Supreme Court · 1909
- Galbreath v. MayoSupreme Court of Oklahoma · 1918
- Annis v. BurnhamNorth Dakota Supreme Court · 1906
19 more not listed; retrieve them via the Exa API.