Reeves & Co. v. Bruening
North Dakota Supreme Court
Appeal from District Court, Foster county; Glaspell, J. Action by Reeves & Co. against John Bruening. Judgment for plaintiff and defendant appeals. Plaintiff cannot recover without proof that sale was executed and title passed.
Read the full summary
Appeal from District Court, Foster county; Glaspell, J. Action by Reeves & Co. against John Bruening. Judgment for plaintiff and defendant appeals. Plaintiff cannot recover without proof that sale was executed and title passed. Section 4987, Rev. Codes 1899; Benjamin on Sales, section 1117; Mechem on Sales, section 1665. If the sale is not consummated, and no title passes, plaintiff must seek his redress under sections 4988 and 5009, Rev. Codes 1899. Tufts v. Grewer, 22 Atl. 382; Greenleaf v. Gallagher, 45 Atl. 829; Mechem on Sales, section 1689. The evidence only shows a proposal revoked…
1Opinion of the CourtMorgan, J.
This action is brought to recover the purchase price of a steam threshing outfit, consisting of an engine and separator and all other necessary parts to make the outfit complete. The complaint contains the following allegations, after a particular description of the property, viz.: “That after-wards, on the 1,7th day of August, 1903, the defendant purchased of the plaintiff, by his unconditional order in writing, the above-described personal property for the sum of $3,100; that by virtue of the terms of said written order and sale the defendant agreed to pay to the plaintiff the aforesaid…
2Cases cited12 opinions
- Brown v. Russell & Co.Indiana Supreme Court · 1886
- Mott v. . RichtmyerNew York Court of Appeals · 1874
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- McCormick Harvesting Machine Co. v. MarkertSupreme Court of Iowa · 1899
- Hooker v. HydeWisconsin Supreme Court · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Stockmen's Insurance Agency, Inc. v. Guarantee Reserve Life Insurance Co. of HammondNorth Dakota Supreme Court · 1974
- Waniorek v. United RailroadsCalifornia Court of Appeal · 1911
- Hart-Parr Co. v. FinleyNorth Dakota Supreme Court · 1915
- Slobojan v. United StatesUnited States Court of Claims · 1956
5 more not listed; retrieve them via the Exa API.