Leroy v. Hagen
North Dakota Supreme Court
Action on promissory notes given for the purchase price of a stallion. From a judgment in District Court, Burke County, Leighton, J., directed for the plaintiff, the defendant has appealed. The motion made for a directed verdict in this case is in the nature of a demurrer to the evidence, and therefore all fair inferences from the evidence must be drawn in favor of the party against whom such verdict is directed.
Read the full summary
Action on promissory notes given for the purchase price of a stallion. From a judgment in District Court, Burke County, Leighton, J., directed for the plaintiff, the defendant has appealed. The motion made for a directed verdict in this case is in the nature of a demurrer to the evidence, and therefore all fair inferences from the evidence must be drawn in favor of the party against whom such verdict is directed. Miller v. Klovstad, 14 N. D. 435; Schantz v. Northern P. R. Co. (N. D.) 173 N. W. 556.
1Opinion of the CourtBronson, J.
This is an action on two promissory notes for the purchase price of a stallion. The trial court directed a verdict. The defendant has appealed from the judgment entered thereupon.
In June, 1910, the defendant purchased a Shire stallion from one Holbert, of Iowa, under a guaranty contract. Such contract guaranteed all stallions serviceable and breeding stallions; also that if the stallion should not prove himself a 50 per cent foal getter, after a fair trial, on sure breeding mares, the purchaser should return him to Iowa and receive another horse of equal value that is supposed to be sure.…
2Cases cited5 opinions
- Springfield Engine & Thresher Co. v. KennedyIndiana Court of Appeals · 1893
- Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
- John Miller Co. v. KlovstadNorth Dakota Supreme Court · 1905
- Randall v. J. A. Fay & Egan Co.Michigan Supreme Court · 1909
- Peter v. Plano Mfg. Co.South Dakota Supreme Court · 1907
3Cited by2 opinions
- General Motors Truck Co. v. Texas Supply Co.Court of Appeals for the Fourth Circuit · 1933
- Hoover Grain Co. v. AmundsonNorth Dakota Supreme Court · 1940