Holbert v. Weber
North Dakota Supreme Court
'Appeal from the District Court of Wells County, J. A. Coffey, J. Action to recover on a promissory note. Judgment for defendant. Plaintiff appeals. There must always be a present intention to warrant, or there is no warranty in the sale of personal property. There was .no assertion of any fact of which the buyer was ignorant.
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'Appeal from the District Court of Wells County, J. A. Coffey, J. Action to recover on a promissory note. Judgment for defendant. Plaintiff appeals. There must always be a present intention to warrant, or there is no warranty in the sale of personal property. There was .no assertion of any fact of which the buyer was ignorant. There were merely expressions of opinion and judgment upon open matters of which the vendee may be well expected to have opinions and to exercise his own judgment. 28 Am. & Eng. Enc. Law, 753, 757j 785 and notes; Morrill v. Bemis, 37 Yt. 155; Kimball v. Bangs, 144 Mass.…
1Opinion of the Court
Bruce, Oh. J.
This is an action to recover on two promissory notes. The complaint is in the usual form, and merely alleges the giving and nonpayment of the notes. The answer alleges a total failure of consideration. It states that the notes were given pursuant to an agreement with one M. L. Patterson, plaintiff’s agent, and that said agent warranted and guaranteed “that said stallion was sound-in every respect and a foal getter, and that it would soon recover from an apparent defect in its breathing,” and that “the said agent of the plaintiff further agreed with the defendant at said time, as…
2Cases cited3 opinions
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- Eberts v. SeloverMichigan Supreme Court · 1880
- D. M. Osborne & Co. v. MartinSouth Dakota Supreme Court · 1893
3Cited by8 opinions
- State v. KernsNorth Dakota Supreme Court · 1924
- Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
- State v. HazerNorth Dakota Supreme Court · 1929
- First State Bank v. RadkeNorth Dakota Supreme Court · 1924
- Citizens State Bank v. SkeffingtonNorth Dakota Supreme Court · 1924
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