Anderson Mercantile Co. v. Anderson
North Dakota Supreme Court
Appeal from District Court, Ramsey county; Qowan, J. Action by the Anderson Mercantile Company against Oscar R. Anderson and another. From a judgment for defendants, plaintiff appeals.
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Appeal from District Court, Ramsey county; Qowan, J. Action by the Anderson Mercantile Company against Oscar R. Anderson and another. From a judgment for defendants, plaintiff appeals. This is an action by appellant “for goods and merchandise sold ¡and delivered during the year 1909, of the agreed worth and value of •$240.39,” to which the respondents filed an answer which denied “each .and every allegation, and each and every part of each and every allegation in said complaint contained, except as hereinafter admitted, qualified, or explained,” and alleged that “on or about the 13th day of…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The answer of the defendant in this case is, to all intents and purposes, a general denial. What was said therein in regard to the account stated was surplusage, and that it was not necessary that it should have been pleaded. Under the general denial of the Code, the defendant may show that the contract between him and the plaintiff was a different one than that set out in the complaint, or that no contract at all was in fact made. 1 Enc. Pl. & Pr. p. 818; Starratt v. Mullen, 148 Mass. 570, 2 L.R.A. 697, 20 N. E. 178. See discussion in Vallancey v. Hunt, 20…
2Cases cited2 opinions
- Starratt v. MullenMassachusetts Supreme Judicial Court · 1889
- Vallancey v. HuntNorth Dakota Supreme Court · 1910
3Cited by5 opinions
- Goetz v. Merchants' BankNorth Dakota Supreme Court · 1912
- Heiszler v. BeddowNorth Dakota Supreme Court · 1912
- Divet v. MagillNorth Dakota Supreme Court · 1929
- Lemke v. ThompsonNorth Dakota Supreme Court · 1910
- Mabey v. O'ConnorUtah Supreme Court · 1928