Ward v. Valker
North Dakota Supreme Court
Appeal from the District Court of Ward County, Leighton, J. “One who manufactures an article under an order for a particular purpose warrants hy the sale that it is reasonably fit for that purpose.” Comp.
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Appeal from the District Court of Ward County, Leighton, J. “One who manufactures an article under an order for a particular purpose warrants hy the sale that it is reasonably fit for that purpose.” Comp. Laws 1913, § 5980; McQuade v. Ross, 22 L.R.A. 187. “In sales of personal property, in the absence of express warranty, where the buyer has an opportunity, to inspect the commodity or thing sold, and the seller is guilty of no fraud, and is neither the manufacturer nor the grower of the thing he sells, the maxim caveat emptor applies.” Benjamin, Sales, § 644; Barnard v. Kellogg, 10 Wall. 388;…
1Opinion of the CourtBirdzell, J.
Tbis is an appeal from a judgment of tbe district court of Ward county and from an order denying a motion for a judgment rendered in favor of tbe defendant on a counterclaim. Tbe facts may be briefly stated as follows: Tbe plaintiff was engaged in tbe business of importing bulbs and selling them wholesale to florists. Tbe defendant operates a greenhouse at Minot, North Dakota. In tbe fall and winter of 1916, and again in tbe fall of 1917, tbe defendant ordered certain bulbs from tbe plaintiff. With certain exceptions these orders were filled, but tbe plaintiff failed to furnish an item of…
2Cases cited1 opinion
- Edgar v. Joseph Breck & Sons Corp.Massachusetts Supreme Judicial Court · 1899
3Cited by11 opinions
- India Paint and Lacquer Co. v. United Steel Prod. Corp.California Court of Appeal · 1954
- Minneapolis Steel & MacHinery Co. v. Casey Land AgencyNorth Dakota Supreme Court · 1924
- Nakanishi v. FosterWashington Supreme Court · 1964
- Larson v. Farmers Warehouse Co.Washington Supreme Court · 1931
- Deere & Webber Co. v. MochNorth Dakota Supreme Court · 1942
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