Murphy v. Foster
North Dakota Supreme Court
Appeal from District Court, Steele county; Fisk, J. Action by John Murphy and James Murphy against John C. Foster. Judgment for defendant, and plaintiffs appeal.
1Opinion of the CourtMorgan, C. J.
Action upon a promissory note given for the purchase price of one Monarch self-feeder. Defendant alleged that the self-feeder was purchased under a warranty, that there was a breach of such warranty, that the machine was returned to plaintiff in pursuance of the terms of the warranty, and that the contract was thereby rescinded. The trial court directed a verdict for the defendant. Judgment was rendered on the verdict, and plaintiffs have appealed from the judgment.
The errors relied on for a reversal of the judgment are that the court erred in directing a verdict for the defendant, and that…
2Cases cited3 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Schomberg v. LongNorth Dakota Supreme Court · 1906
- State ex rel. Long v. RexfordSouth Dakota Supreme Court · 1906
3Cited by1 opinion
- Wolf v. GrammSouth Dakota Supreme Court · 1913