Tolerton & Warfield Co. v. Sult
North Dakota Supreme Court
Appeal from tbe District Court of Bowman County, Crawford, L Action to recover a balance on a book account. Judgment for defendants. Plaintiff appeals. Statement of facts by Bruce, J. This is an action for a balance claimed to be due on an open account.
Read the full summary
Appeal from tbe District Court of Bowman County, Crawford, L Action to recover a balance on a book account. Judgment for defendants. Plaintiff appeals. Statement of facts by Bruce, J. This is an action for a balance claimed to be due on an open account. Tbe complaint alleges:. “That, at various times between tbe 5th day of March, a. d. 1909, and the 21st day of March, a. d* 1910, inclusive, the defendants, acting as copartners under the firm name of Marmarth Mercantile Company, purchased of the plaintiff and plaintiff sold to the defendants certain goods, wares, and merchandise upon account,…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Although the book account which was attached to and made a part of the complaint ostensibly begins on March the 5th, 1909, such account, in fact, was of earlier origin, and plaintiff, in order to make out its case and in order to avoid a payment which was made on May 29, 1909, disregarded its pleadings, and proved such account from its inception on the 11th day of August, 1908. In this new account was an item of some $182.82,, which was alleged to have been sold to the defendants on the 29th day of January, 1909, and to the payment of which plaintiff sought…
2Cases cited13 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Hudson v. HudsonSupreme Court of Georgia · 1904
- Knapp v. . RocheNew York Court of Appeals · 1884
- Quin v. . LloydNew York Court of Appeals · 1869
- Sylvis v. SylvisSupreme Court of Colorado · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Starke v. StewartNorth Dakota Supreme Court · 1916
- Hughes v. WachterNorth Dakota Supreme Court · 1931