Legal Opinion

Poirier Manufacturing Co. v. Kitts

North Dakota Supreme Court

Decided March 12, 1909PublishedCited by 20 opinions

Appeal from District Court, Cass county; Pollock, J. Action by the Poirier Manufacturing Company against A. R. Kitts. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtSpalding, J.

This is an appeal from an order denying a new trial, and from a judgment entered in favor of the plaintiff on motion for a directed verdict. The complaint alleges the sale and delivery by the plaintiff to the defendant of merchandise consisting of seeding and drilling machinery, for which it is alleged the defendant agreed to pay $997.50. The answer is very lengthy. It is unnecessary to quote .it, and we shall only refer to it briefly. It denies the sale of the machinery and the indebtedness, and pleads a contract in writing relating to the goods in question, the terms of which are referred…

2Cases cited15 opinions

  1. Morris v. . RexfordNew York Court of Appeals · 1859
  2. Parke & Lacy Co. v. White River Lumber Co.California Supreme Court · 1894
  3. Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
  4. Alpha Checkrower Co. v. David Bradley & Co.Supreme Court of Iowa · 1898
  5. State v. NelsonSupreme Court of Minnesota · 1896

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3Cited by20 opinions

  1. Mathews Conveyer Co. v. Palmer-Bee Co.Court of Appeals for the Sixth Circuit · 1943
  2. Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
  3. New York Indemnity Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1931
  4. McDonald v. AbrahamNorth Dakota Supreme Court · 1947
  5. Piper v. Oakland Motor Co.Supreme Court of Vermont · 1920

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