Skogness v. Seger
North Dakota Supreme Court
Appeal from the District Court of Cass County, Pollock, T. Erom a judgment and an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appeals. A sale of personal property followed by actual delivery cannot be rescinded unless the property be promptly returned to the seller, or its return tendered and refused.
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Appeal from the District Court of Cass County, Pollock, T. Erom a judgment and an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appeals. A sale of personal property followed by actual delivery cannot be rescinded unless the property be promptly returned to the seller, or its return tendered and refused. Houghton Implement Co. v. Vavrosky, 15 N. D. 308, 109 N. W. 1024. Where defendant gives notice that he refuses to perform his part of the contract, the plaintiff is at liberty to' enforce the obligation against defendant, whether plaintiff has…
1Opinion of the CourtChristianson, J.
This suit was originally commenced before H. P. Miller, a justice of the peace in Cass county, and resulted in a judgment in favor of the plaintiff. Defendant appealed from the judgment of the justice of the peace to the district court, and the cause was subsequently tried to a jury in the district court of Cass county and resulted in a verdict in favor of the defendant. The plaintiff appeals from the judgment entered pusuant to the verdict and from the order denying his motion for judgment notwithstanding the verdict or for a new trial.
The plaintiff’s complaint alleges that in May, 1915, the…
2Cases cited3 opinions
- Sunshine Cloak & Suit Co. v. Roquette Bros.North Dakota Supreme Court · 1915
- Houghton Implement Co. v. VavroskyNorth Dakota Supreme Court · 1906
- Starke v. StewartNorth Dakota Supreme Court · 1916