Steinbach v. Bauclair
North Dakota Supreme Court
Action for the purchase of a horse. Counterclaim in fraud and deceit. Appeal from the District Court of Eddy County, Honorable G. W. Buttz, Special Judge. Judgment for plaintiff. Defendants appeal. Statement of facts by Bruce, Ch. J. This is an action to recover on two promissory notes, each for the sum of $400. The answer is a qualified, general denial. It admits the execution of the notes.
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Action for the purchase of a horse. Counterclaim in fraud and deceit. Appeal from the District Court of Eddy County, Honorable G. W. Buttz, Special Judge. Judgment for plaintiff. Defendants appeal. Statement of facts by Bruce, Ch. J. This is an action to recover on two promissory notes, each for the sum of $400. The answer is a qualified, general denial. It admits the execution of the notes. It alleges that, in addition to the two notes mentioned, the defendants at the same time executed still another for the sum of $350, and paid the plaintiff the further sum of $350 in cash. All of this,…
1DissentGrace, J.
It will be noticed that the warranty contained in the bill of sale is a specific warranty, and relates exclusively to the certainty of the propagating qualities of such stallion, and the percentage is fixed at 50 per cent of all mares of breeding age and in *240breeding condition, bred to such stallion, to be in foal. It will be noticed that this specific warranty had attached to it certain conditions which were to be performed by the purchaser, such as the proper feeding, nourishing, and caring for of such horse, and other conditions, which are all set forth in such bill of sale, all of which…
2Cases cited10 opinions
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Bowe v. Minnesota Milk Co.Supreme Court of Minnesota · 1890
- Murphy v. McGrawMichigan Supreme Court · 1889
- Freer v. . DentonNew York Court of Appeals · 1875
- Needham v. HalversonNorth Dakota Supreme Court · 1912
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