Westby v. J. I. Case Threshing Machine Co.
North Dakota Supreme Court
Appeal from District Court, Benson county; Cowan, Judge. Action by Edward Westby against tbe J. I. Case Threshing Machine Company. Judgment for plaintiff, and defendant appeals. Limitations upon an agent’s authority, known to those dealing with him, are binding upon all.
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Appeal from District Court, Benson county; Cowan, Judge. Action by Edward Westby against tbe J. I. Case Threshing Machine Company. Judgment for plaintiff, and defendant appeals. Limitations upon an agent’s authority, known to those dealing with him, are binding upon all. David Bradley &Co. v. Basta, 71 Neb. 169, 98 N. W. 697; 31 Cyc. *1329; Seymour v. Wyckoff, 10 N. Y. 213 ; Oobb v. Dows, 10 N. Y. 335; McCracken v. San Francisco, 16 Cal. 591; Billings v. Morrow, 7 Cal. 172, 68 Am. Dec. 235; Dean v. Bassett, 57 Cal. 640; Puget Sound Lumber Co. v. Krug, 89 Cal. 237, 26 Pac. 902; Golinsky v.…
1Opinion of the CourtGoss, J.
This action was brought to recover the purchase price paid defendant for a Case threshing machine separator, with attachments of wind stacker, feeder, band cutter, and weigher, in all of which plaintiff paid defendant on receipt of said machinery, on October 2d, 1905, including freight, the sum of $1,064.75.
Plaintiff’s complaint alleges the sale to him by the defendant of the foregoing articles of machinery, forming a complete threshing machine; that they were of the make and manufacture of the defendant company, and by them made and manufactured for sale, and sold to plaintiff to be used for…
2Cases cited15 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Lee v. CharmleyNorth Dakota Supreme Court · 1910
- Pitsinowsky v. Beardsley, Hill & Co.Supreme Court of Iowa · 1873
- Shull v. New Birdsall Co.South Dakota Supreme Court · 1901
- Koester v. Northwestern Port Huron Co.South Dakota Supreme Court · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hart-Parr Co. v. FinleyNorth Dakota Supreme Court · 1915
- Comptograph Co. v. Citizens BankNorth Dakota Supreme Court · 1915
- Minneapolis Threshing Machine Co. v. HuncovskyNorth Dakota Supreme Court · 1923
- Quinlivan v. Dennstedt Land Co.North Dakota Supreme Court · 1918
- Uhrig v. J. I. Case Threshing MacHine Co.North Dakota Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.