J. L. Owens Co. v. Doughty
North Dakota Supreme Court
Appeal from District Court, Foster County; Burke, J. Action by the J. L. Owens Company against Thomas Doughty. Judgment for defendant and plaintiff appeals. One seeking to rescind must proceed promptly and bring his notice of election home to the other party. Davis v. Reed, 37 Fed. 418; Lawrence v. Dale, 3 Johns.
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Appeal from District Court, Foster County; Burke, J. Action by the J. L. Owens Company against Thomas Doughty. Judgment for defendant and plaintiff appeals. One seeking to rescind must proceed promptly and bring his notice of election home to the other party. Davis v. Reed, 37 Fed. 418; Lawrence v. Dale, 3 Johns. Ch. 23, 71 L. Ed. 529; Sweetman v. Prince, 26 N. Y. 224; Bennett v. Glaspell, 107 N. W. 45, 15 N. D. 239; Grymes v. Sanders, 93 U. S. 63, 23 L. Ed. 798; Taring-ton v. Purvis, 9 L. R. A. 607. Where one party to a contract fails to perform his part, the other party thereto may treat it…
1Opinion of the CourtMorgan, C. J.
Action on a promissory note for. the sum of $1,010.50 given for the purchase price of a carload of fanning mills sold and delivered to the defendant. When the sale of the machines was made, the following special agreement was entered into between the parties as a part of the written contract: “J. L. Owens Company agree to furnish canvasser to sell these mills and guarantee that said mills will be sold in four months of peddling, and at the expiration of four months all mills unsold to be sold at the expense of J. L. Owens Company. Thomas Doughty to pay said man’s expenses and salary for four…
2Cited by9 opinions
- Schaff v. KennellyNorth Dakota Supreme Court · 1953
- Fuller v. FriedNorth Dakota Supreme Court · 1928
- Poirier Manufacturing Co. v. KittsNorth Dakota Supreme Court · 1909
- Allis-Chalmers Manufacturing Co. v. FrankNorth Dakota Supreme Court · 1928
- Mizell v. WatsonSupreme Court of Florida · 1909
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