Legal Opinion

St. Anthony & Dakota Elevator Co. v. Dawson

North Dakota Supreme Court

Decided March 8, 1910PublishedCited by 6 opinions

Appeal from District Court, Cavalier county, Kneeshaw, J. Action by St. Anthony & Dakota Elevator Company against Dawson & Byfield. Judgment for defendant, and plaintiff appeals. Where a warrantor of title is notified to defend a suit for the breach of such title and fails to defend, the recovery in such suit fixes the damage. 24 Am. & Eng. Enc. law, pp. 740 — 742; 2 Black, Judgm. §§ 572, 574; 22 Cyc. law & Proc. p. 106; First Nat. Bank v. First Nat.

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Appeal from District Court, Cavalier county, Kneeshaw, J. Action by St. Anthony & Dakota Elevator Company against Dawson & Byfield. Judgment for defendant, and plaintiff appeals. Where a warrantor of title is notified to defend a suit for the breach of such title and fails to defend, the recovery in such suit fixes the damage. 24 Am. & Eng. Enc. law, pp. 740 — 742; 2 Black, Judgm. §§ 572, 574; 22 Cyc. law & Proc. p. 106; First Nat. Bank v. First Nat. Bank, 68 Ohio St. 43, 67 N. E. 92. Transfer of storage tickets transfers the grain stored. Best v. Muir, 8 N. D. 44, 73 Am. St. Rep. 742, 77 N.…

1Opinion of the Court

Morgan, Ch. J.

This is an action for damages based upon a breach *20of an implied warranty of title on an alleged sale of wheat to the plaintiff by the defendants. The complaint alleges that the defendants sold the wheat to the plaintiff, and that the same was encumbered by the lien of a chattel mortgage which the plaintiff was compelled to pay to the owner thereof, the Robertson Lumber Company. The answer denies that the defendants sold such wheat to the plaintiff, and further alleges that the same was sold to the plaintiff by the owner thereof, through the defendants as his agents. The action…

2Cases cited1 opinion

  1. Seitz v. People's Savings BankMichigan Supreme Court · 1905

3Cited by6 opinions

  1. Kastner v. AndrewsNorth Dakota Supreme Court · 1923
  2. Vannett v. Reilly-Herz Automobile Co.North Dakota Supreme Court · 1919
  3. Dammann v. Schibsby Implement Co.North Dakota Supreme Court · 1915
  4. Nicholson v. H. Poehler Co.District Court, D. South Dakota · 1922
  5. Bremen Elevator Co. v. Farmers & Merchants BankNorth Dakota Supreme Court · 1927

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