McCormick Harvesting Machine Co. v. Taylor
North Dakota Supreme Court
Appeal from District Court, Dickey County; Lauder, J. Action by McCormick Harvesting Machine Company against William Taylor on a promissory note. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtBartholomew, J.
Action on a promissory note given as purchase price for a horse. Defense of warranty of the horse and breach thereof by reason of horse being dis°eased with glanders. Counterclaim for damages by reason of the communication of the disease to other horses, and infection of stable. At the close of the testimony the court directed a verdict for defendant. Subsequently a motion for a new trial was denied, and defendant had judgment for costs. Plaintiff appeals. The case was correctly ruled, and on entirely elementary principles. Assuming all that plaintiff’s evidence tended to prove as proven, and…
2Cited by2 opinions
- First National Bank of Watertown v. SomersSouth Dakota Supreme Court · 1916
- Tripp State Bank v. JerkeSouth Dakota Supreme Court · 1922