International Harvester Co. of America v. Thomas
North Dakota Supreme Court
Appeal from District Court of Hettinger County, W. G.' Crawford, J. A buyer who keeps personal property, continues to use it until the trial of the collector’s action for the price, is estopped to claim a rescission of the contract as a defense. Linderman Mach.
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Appeal from District Court of Hettinger County, W. G.' Crawford, J. A buyer who keeps personal property, continues to use it until the trial of the collector’s action for the price, is estopped to claim a rescission of the contract as a defense. Linderman Mach. Co. v. Shaw-Walker Co. (Mich.) 153 N. W. 34; Wetter Bros. v. Otto (Iowa) 162 N, W. 12; John D. Gruber Co. v. Smith (Mich.) 162 N. W. 124. Our court has settled the law on the reciprocal duties of a warrantor and warrantee in the sale of machinery. See Eahy v. Easterley Mach. Co. 3 N. D. 220, 55 N. W. 580; Reeves & Co. v. Corrigan, 3 N.…
1Opinion of the CourtGrace, J.
Appeal from the judgment of the district court of Hettinger county, W. C. Crawford, Judge.
This is an action brought to recover upon .two certain promissory notes, one for $1,100 and one for $1,175, each bearing interest at the rate of 8 per cent, and to foreclose certain chattel and real estate mortgages given to secure such notes. The notes and mortgages are signed by the Thomases. The defendant Ruby H. Tallmadge has no interest in this case on appeal. The complaint is in the usual form. The separate answer of the Thomases admits the execution of the notes and mortgages, and that plaintiff…
2Cases cited1 opinion
- Conroy v. LogueSupreme Court of Minnesota · 1902
3Cited by7 opinions
- Minneapolis Threshing MacH. Co. v. HockingNorth Dakota Supreme Court · 1926
- Sullivan v. GaulSupreme Court of Iowa · 1924
- Intermountain Title Guaranty Co. v. EgbertIdaho Supreme Court · 1932
- Grewer v. SchaferNorth Dakota Supreme Court · 1924
- Karzen v. HeitzmannNorth Dakota Supreme Court · 1957
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