Williams v. Beneke
North Dakota Supreme Court
Erom a judgment of the District Court of Dunn County, Crawford, J., defendant appeals. A general denial in any answer puts in issue all material facts, and plaintiff is required to make a prima facie case before anything is required of defendant. Plaintiff cannot take advantage of an admission in an answer, in form a general denial, without stating to the court his desire to do so.
Read the full summary
Erom a judgment of the District Court of Dunn County, Crawford, J., defendant appeals. A general denial in any answer puts in issue all material facts, and plaintiff is required to make a prima facie case before anything is required of defendant. Plaintiff cannot take advantage of an admission in an answer, in form a general denial, without stating to the court his desire to do so. Myriclc v. Bill, 3 Dak. 281, 17 N. W. 268; Dole v. Burleigh, 1 Dak. 227, 46 N. W. 692; Humpfner v. D. 1VI. Osborn & Co. 2 S. D. 310, 50 N. W. 88; Kirby y. Seanlan, 8 S. D. 623, 67 N. W. 828; Peterson v. Roberts…
1Opinion of the CourtGoss, J.
This appeal is from a recovery on a note given for the purchase price of three disc drills. The- defense was a general denial, *540coupled with a counterclaim for damages, based upon breach of warranty. If the instructions are erroneous, reversal must follow, hence errors predicated on instructions will be first considered.
Appellant contends that the instructions are narrower than the breach of warranty pleaded. The warranty set forth is “that at the time of said sale the said sellers warranted to this defendant that said disc drills were suitable and adapted for and would do the work, to wit,…
2Cases cited2 opinions
- Kerr v. AndersonNorth Dakota Supreme Court · 1907
- Farmers Bank v. RiedlingerNorth Dakota Supreme Court · 1914