Sorg v. Brost
North Dakota Supreme Court
An appeal from a judgment of tbe District Conrt of McLean County; Hon. W. H. Winchester, J. Tbe allegations are wholly insufficient to constitute a breach of warranty. Dowagiae Mfg. Co. v. Mahon, 13 N. D. 516, 101 N. W. 903; Esterly Harvesting Mach.
Read the full summary
An appeal from a judgment of tbe District Conrt of McLean County; Hon. W. H. Winchester, J. Tbe allegations are wholly insufficient to constitute a breach of warranty. Dowagiae Mfg. Co. v. Mahon, 13 N. D. 516, 101 N. W. 903; Esterly Harvesting Mach. Co. v. Berg, 52 Neb. 147, 71 N. W. 952; Hooven & Allison Co. v. Wirtz Bros. 15 N. D. 477, 107 N. W. 1078. Allegations to the effect that the machinery was not constructed of proper materials, and that it would not work to the satisfaction of defendant’s customers, are insufficient to show breach of warranty. Dowagiae Mfg. Co. v. Mahon, 13 N. D.…
1Opinion of the CourtGross, J.
This action is brought for the purchase price of farm machinery, sold by the plaintiff manufacturer to the defendant dealer, under the usual written machinery order and warranty. The defense is breach of warranties, and because thereof a rescission of the execu-tory contract of sale. The written contract contains the usual reservation of title in plaintiffs until full payment. The machinery in dispute consists of seven drills delivered defendant in the spring of 1907, only one of which was resold.
There are sixty-five different assignments of error in the brief. It is unnecessary to discuss…
2Cases cited2 opinions
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Hooven & Allison Co. v. WirtzNorth Dakota Supreme Court · 1906
3Cited by5 opinions
- Schnell v. Northern Pacific Railway Co.North Dakota Supreme Court · 1941
- Comptograph Co. v. Citizens BankNorth Dakota Supreme Court · 1915
- International Shoe Co. v. HawkinsonNorth Dakota Supreme Court · 1945
- Gas Traction Co. v. StengerNorth Dakota Supreme Court · 1916
- State v. Van HorneNorth Dakota Supreme Court · 1941