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,…
1Opinion of the Court
Bruce, Oh. J.
(after stating the facts as above). The principal error alleged is based upon the action of the court in limiting the testi*229mony to matters concerning fraudulent and deceitful representations, alleged to have been made during the sale, as to the general physical condition of the animal, but precluding the defendants from offering any evidence as to the lack of breeding capacity of the animal, as the same was covered by a specific warranty; and the conditions attached to such specific warranty were neither alleged nor proved to have been complied with. In this, however, we believe…
2Cases cited5 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- New York Life Insurance v. DavisSupreme Court of Virginia · 1899
- Ely Walker Dry Goods Co. v. SmithSupreme Court of Oklahoma · 1916
- Alter v. Bank of StockhamNebraska Supreme Court · 1897
- Webb v. DarbySupreme Court of Missouri · 1887
3Cited by7 opinions
- Zimmerman v. KitzanNorth Dakota Supreme Court · 1954
- Chapin v. LetcherNorth Dakota Supreme Court · 1958
- Engen v. KincannonNorth Dakota Supreme Court · 1956
- Adams v. Little Missouri Minerals AssociationNorth Dakota Supreme Court · 1966
- Adams v. Little Missouri Minerals AssociationNorth Dakota Supreme Court · 1966
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