Paulson v. Sorenson
North Dakota Supreme Court
Appeal from the District Court of Divide County, Leighton, J. By reason of defendants’ failure to perform their contract and do the plaintiff’s threshing in proper time, plaintiff was compelled to and did pay out for stacking the grain a large sum, and that by such failure of defendants he lost a large amount on the market price of said grain. Such damages are not too remote, hut are properly recoverable in this action.
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Appeal from the District Court of Divide County, Leighton, J. By reason of defendants’ failure to perform their contract and do the plaintiff’s threshing in proper time, plaintiff was compelled to and did pay out for stacking the grain a large sum, and that by such failure of defendants he lost a large amount on the market price of said grain. Such damages are not too remote, hut are properly recoverable in this action. Such damages were in contemplation of the parties when they made their contract, and at the time of its breach. Hayes v. Cooley, 13 N. D. 204, 100 N. W. 250. The jury had no…
1Opinion of the CourtBurke, J.
Plaintiff was the owner of some flax, defendant owned a threshing machine. Defendant agreed to thresh for plaintiff, but there is a dispute as to the terms of the contract. Plaintiff claims defendant was to thresh his flax immediately after a specified neighbor; defendant says he was to thresh for plaintiff at a later time. When the time to thresh, under plaintiff’s version, had arrived, defendant refused to come, whereupon plaintiff stacked his flax at an expense of $125. When defendant thought the proper time had arrived, plaintiff would not let him do the job. Some other thresher did the…
2Cases cited10 opinions
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Laney v. IngallsSouth Dakota Supreme Court · 1894
- Lynn v. SebyNorth Dakota Supreme Court · 1915
- Pyle v. Hand CountySouth Dakota Supreme Court · 1890
- Peet v. WarthThe Superior Court of New York City · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- Weber Chimney Co. v. RileyNorth Dakota Supreme Court · 1918