Russell v. Waterloo Threshing Machine Co.
North Dakota Supreme Court
Appeal from District-Court, Grand Forks County; Fisk, J. Action by W. D. Russell against the Waterloo Threshing Machine Company. Judgment for plaintiff, and defendant appeals.
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Appeal from District-Court, Grand Forks County; Fisk, J. Action by W. D. Russell against the Waterloo Threshing Machine Company. Judgment for plaintiff, and defendant appeals. An agent to take orders for sale of machinery of a certain make,. cannot bind his principal for the purchase of second hand machinery., Revised Codes 1899, sections 4320, 4321, 4322; Schull v. New Bird-sail Co., 86 N. W. 654; J. I. Case T. Machine Co. v. Efchinger, 91 N. W. 82; Fletcher v. Nelson, 6 N. D. 94, 69 N. W. 53; Enc Law, volume 1, pages 990, 1023, 987; Haseltine v. Miller, 43 Maine 177; Beebe v. Equitable…
1Opinion of the CourtMorgan, C. J.
The plaintiff brings this action to recover the purchase price of a gasoline engine and one separator, with attachments, alleged to have been sold by the plaintiff to the defendant company. The answer to the complaint is a general denial. Plaintiff recovered a verdict for $1,660.68. A motion for a new trial was made and denied. Defendant appeals from the judgment entered on the verdict.
*251The facts shown by the record are substantially as follows: One Armstrong was the agent of the defendant, and in charge and had the management of its office and business at Grand Forks. His authority was, as a…
2Cases cited5 opinions
- Scott v. Middletown, Unionville & Water-Gap RailroadNew York Court of Appeals · 1881
- Sartwell v. FrostMassachusetts Supreme Judicial Court · 1877
- Ehrmanntraut v. RobinsonSupreme Court of Minnesota · 1893
- Wright v. Vineyard Methodist Episcopal ChurchSupreme Court of Minnesota · 1898
- Campbell v. MillarAppellate Court of Illinois · 1899
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- Miller v. Chatsworth Savings BankSupreme Court of Iowa · 1927
- Wilkins v. Waldo Lumber Co.Supreme Judicial Court of Maine · 1931
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