Olson v. Larson
North Dakota Supreme Court
Appeal from the district court of Williams County, Fisk, J. ' “Where a machine is taken on trial to be paid for if it does work satisfactory to the purchaser, there is no sale if the purchaser is in fact not satisfied with the work done by the machine, although it does work that other persons might deem satisfactory.” “In such case the purchaser must be dissatisfied in good faith and not pretend, to be so on selfish or dishonest grounds.”
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Appeal from the district court of Williams County, Fisk, J. ' “Where a machine is taken on trial to be paid for if it does work satisfactory to the purchaser, there is no sale if the purchaser is in fact not satisfied with the work done by the machine, although it does work that other persons might deem satisfactory.” “In such case the purchaser must be dissatisfied in good faith and not pretend, to be so on selfish or dishonest grounds.” Garland v. Keller, 15 N. D. 548. 1. If the vendor agreed to furnish an article that shall be satisfactory to the vendee, he constitutes the latter the sole…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment in favor of the plaintiff for $1,349.10, and costs, which was entered on the verdict of a jury. The questions involved can most readily be' understood by reference to the issues raised by the pleadings and to the facts developed at the trial. The complaint states four causes of action, the first and *501principal one being for the purchase price of a certain Fordson tractor and two Oliver plows, alleged to have been sold and delivered to the defendant for the price of $1,025. The second cause of action is for certain merchandise, to wit: Two breaker bottoms, two…
2Cases cited1 opinion
- Garland v. KeelerNorth Dakota Supreme Court · 1906
3Cited by4 opinions
- Fulcher v. NelsonSupreme Court of North Carolina · 1968
- Anderson v. Sheehan-Bartling, Inc.South Dakota Supreme Court · 1960
- Anderson v. Sheehan-Bartling, Inc.South Dakota Supreme Court · 1960
- Fulcher v. NelsonSupreme Court of North Carolina · 1968