Ruddick v. Buchanan
North Dakota Supreme Court
From a judgment of the District Court of Foster County, Coffey, J., plaintiff appeals. Duly authenticated books of account may be received in evidence. Comp.
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From a judgment of the District Court of Foster County, Coffey, J., plaintiff appeals. Duly authenticated books of account may be received in evidence. Comp. Laws 1913, § 7909; Winslow v. Dakota Lumber Co. 32 Mirm. 237, 20 N. W. 145. Where goods are delivered to one person, upon the promise of another person to pay for same, the fact that the books of the seller show the account in the name of the person to whom the goods were delivered is proper to be considered upon the question as to wThom credit was given, but it is not decisive against the admissibility of the books in evidence. 17 Cyc.…
1Opinion of the CourtChristianson, J.
The plaintiff sues to recover $59.90 for goods, wares, and merchandise alleged to have been sold and delivered to the defendants, at their special instance and request, by the firm of Miller & Posey, during the fall of 1913, which account it is alleged is the property of the plaintiff by virtue of assignment thereof to him by Miller & Posey. The answer is a general denial. The evidence shows that the goods in question were sold to one William Bowman, who owned and operated a threshing machine which he bad purchased from the defendants. There is some testimony given by Bowman to. the *135-effect…
2Cases cited3 opinions
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- Halverson v. LasellNorth Dakota Supreme Court · 1916
3Cited by3 opinions
- State v. KernsNorth Dakota Supreme Court · 1924
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- State v. GreinerNorth Dakota Supreme Court · 1926