Hayes v. Cooley
North Dakota Supreme Court
Appeal from District Court, Steele -county; Pollock, J. Action by W. E. Hayes against Martha T. Cooley and A. W. Cooley. Judgment for plaintiff, and defendants appeal. If by the thresher’s delay crops are exposed to storms, the fault is his and he must pay for them. Our statute on the rule of damages was intended to adopt the rule recognized by the great weight of modern authorities.
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Appeal from District Court, Steele -county; Pollock, J. Action by W. E. Hayes against Martha T. Cooley and A. W. Cooley. Judgment for plaintiff, and defendants appeal. If by the thresher’s delay crops are exposed to storms, the fault is his and he must pay for them. Our statute on the rule of damages was intended to adopt the rule recognized by the great weight of modern authorities. Our statute is adopted from Field’s Code, New York, which has excluded a clause therefrom, to wit: “Which the party in fault had notice at the time of entering into the contract or at any time before the breach,…
1Opinion of the CourtYoung, C. J.
The .plaintiff seeks to foreclose a thresher’s lien for threshing certain grain, consisting of wheat, oats, and barley, which was grown by the defendants in the season of 1902. The answer raises no issue as to the quantity of grain threshed by the plaintiff or as to the amount of his lien, but sets up a counterclaim *206for damages for detriment alleged to have been sustained by reason of plaintiff’s breach of his contract to thresh defendant’s flax crop. The trial court found that “the plaintiff agreed to thresh the defendant’s crop of flax, consisting of two hundred acres, at eighteen cents per…
2Cases cited28 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- King v. HansonNorth Dakota Supreme Court · 1904
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- Morrison v. Davis & Co.Supreme Court of Pennsylvania · 1853
23 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lemos v. MaddenWyoming Supreme Court · 1921
- Vallejo v. Jamestown CollegeNorth Dakota Supreme Court · 1976
- Moorhead Construction Co., Inc., a Corporation, Appellee-Cross-Appellant v. City of Grand Forks, a Municipal Corporation, Appellant-Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1975
- Bakke v. Magi-Touch Carpet One Floor & Home, Inc.North Dakota Supreme Court · 2018
- Myers v. BenderMontana Supreme Court · 1913
15 more not listed; retrieve them via the Exa API.