Halley v. Folsom
North Dakota Supreme Court
A PPEAL from district court, Ransom county; Hon. Al W. S. Lauder, Judge. cited; U. S. Digest, Sales, § 1099; Pickett v. Hayes, 13 Ind. 181; 5 Wait’s Actions and Defenses, 554, 563; Osborne v. Gantz, 60 N. Y. 540; Maxwell v. Lee, 27 N.' "W. 196; Benjamin on Sales, § 311; Poland v. Brownell, 131 Mass. 138. cited upon the point stated in first paragraph of the foregoing syllabus: Dailey v. Green, 15 Penn.
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A PPEAL from district court, Ransom county; Hon. Al W. S. Lauder, Judge. cited; U. S. Digest, Sales, § 1099; Pickett v. Hayes, 13 Ind. 181; 5 Wait’s Actions and Defenses, 554, 563; Osborne v. Gantz, 60 N. Y. 540; Maxwell v. Lee, 27 N.' "W. 196; Benjamin on Sales, § 311; Poland v. Brownell, 131 Mass. 138. cited upon the point stated in first paragraph of the foregoing syllabus: Dailey v. Green, 15 Penn. St. 118; Byers v. Chapin, 28 Ohio St. 300; Field v. Kinnear, 4 Kan. 409; Taylor v. Cole, 111 Mass. 363; Polhemus v. Heman, 45 Cal. 573; Brigg v. Hilton, 99 N. Y. 517. On the third point they…
1Opinion of the CourtBartholomew, J.
This was an action to recover damages for a breach of warranty in the sale of certain seed wheat. At the close of plaintiff’s testimony, and again when the testimony was all in, appellant moved the court to take the case from the jury, and direct a verdict for defendant, for the reason “that the sale mentioned in the complaint was not a sale with a warranty; that it was only an executory contract for subsequent sale and delivery of wheat; and that the subsequent acceptance of the wheat, with opportunity for examination, bars any action for recovery by reason of the wheat not being as…
2Cases cited12 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Polhemus v. HeimanCalifornia Supreme Court · 1873
- Brantley v. ThomasTexas Supreme Court · 1858
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Froh v. HeinNorth Dakota Supreme Court · 1949
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Hegar v. DeGroatNorth Dakota Supreme Court · 1893
- Montana Eastern Railway Co. v. LebeckNorth Dakota Supreme Court · 1915
- Farmer v. HolmesNorth Dakota Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.