F. A. Patrick & Co. v. Grand Forks Mercantile Co.
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Aotion by F. A. Patrick & Co. against the Grand Forks Mercantile Company. Judgment for defendant and plaintiff appeals. The contract in question was carefully drawn, so that it would not be subject to attack under Red River Valley Nat. Bank v. Barnes, 8 N. D. 432, 79 N. W. 880, and Bergman v. Jones, 10 N. D. 520, 88 N. W. 288. The case at bar is analogous to Hubbard v. Tenbrook, 124 Pa. St. 291, 10 Am.
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Appeal from District Court, Grand Forks county; Fisk, J. Aotion by F. A. Patrick & Co. against the Grand Forks Mercantile Company. Judgment for defendant and plaintiff appeals. The contract in question was carefully drawn, so that it would not be subject to attack under Red River Valley Nat. Bank v. Barnes, 8 N. D. 432, 79 N. W. 880, and Bergman v. Jones, 10 N. D. 520, 88 N. W. 288. The case at bar is analogous to Hubbard v. Tenbrook, 124 Pa. St. 291, 10 Am. St. Rep. 585, 16 Atl. 817. It matters not that the instrument partakes of the nature of a chattel mortgage, if the relation of principal…
1Opinion of the CourtYoung, C. J.
The plaintiff sues the defendant, as an undisclosed principal, to recover the purchase price of certain goods sold and delivered to one Goertz, its alleged agent. When the case came on for trial, and before any evidence was offered, the defendant moved for judgment upon the ground that the complaint fails to state facts sufficient to constitute a cause of action. The motion was granted, and judgment was entered dismissing the action, with prejudice, and for costs. Plaintiff has appealed from the judgment, and assigns the order sustaining the above motion as error.
But a single question is…
2Cases cited5 opinions
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- Beebee v. RobertNew York Supreme Court · 1834
- Geo. K. Hubbard & Co. v. Tenbrook & BroSupreme Court of Pennsylvania · 1889
- Greenebaum v. WheelerIllinois Supreme Court · 1878
- Red River Valley National Bank v. BarnesNorth Dakota Supreme Court · 1899
3Cited by2 opinions
- Buck v. Nash-Finch CompanySouth Dakota Supreme Court · 1960
- Donovan v. DicksonNorth Dakota Supreme Court · 1914