Larson v. Calder
North Dakota Supreme Court
Action by Andrew Larson against Ira Calder. Judgment for plaintiff, and defendant appeals. Defendant should have Teen convicted criminally under the statute before recovery could be had in a civil action. Rev. Codes 1905, section 9077. Newell v. Clapp, 72 N. W. 366. In the absence of a warranty defendant’s knowledge of the existence of the disease should be alleged and proved. Bradford V..
Read the full summary
Action by Andrew Larson against Ira Calder. Judgment for plaintiff, and defendant appeals. Defendant should have Teen convicted criminally under the statute before recovery could be had in a civil action. Rev. Codes 1905, section 9077. Newell v. Clapp, 72 N. W. 366. In the absence of a warranty defendant’s knowledge of the existence of the disease should be alleged and proved. Bradford V.. Floyd, 80 Mo. 207; Coyle v. Conway, 35 Mo. 490; Pattee v. Adams, 37 Kan. 133; St. Louis R. R. Co. v. Goldsby, 58 Ark. 101. Affirmation made at the time of the sale of an article, as to its quality or…
1Opinion of the CourtSpalding, J.
This is an action for damages for breach of warranty of soundness on the sale of two horses by the defendant to the plaintiff. The complaint charges that the defendant agreed and warranted to the plaintiff that the horses were in every way sound and in good health, and thereby induced the plaintiff to purchase the same and to pay the price of $240 therefor; whereas at the time of the sale and warranty such horses were not sound, and not in good health, but were suffering from glanders, and as a result were shot Jiy the state veterinarian. The plaintiff asked judgment for the price paid for…
2Cases cited20 opinions
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Boothby v. ScalesWisconsin Supreme Court · 1871
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Long v. ClappNebraska Supreme Court · 1884
- Stanford v. McGillNorth Dakota Supreme Court · 1897
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Needham v. HalversonNorth Dakota Supreme Court · 1912
- Duncan v. Great Northern Railway Co.North Dakota Supreme Court · 1908
- Deere & Webber Co. v. MochNorth Dakota Supreme Court · 1942
- Citizens National Bank v. Osborne-McMillan Elevator Co.North Dakota Supreme Court · 1911
- Gilmore v. WingateArizona Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.