J. I. Case Threshing Machine Co. v. Ebbighausen
North Dakota Supreme Court
Appeal from District Court, Walsh County; Kneeshaw, J. Action by the J. I. Case Threshing Machine Company against George W. Ebbighausen and E. L. Ebbighausen. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtMorgan, J.
This action is brought to foreclose a chattel mortgage given to secure the purchase price of a threshing machine, consisting of a separator, stacker, and weigher; said price being represented by three promissory notes, dated on August 15, 1899, of the aggregate sum of $700. The separator and other attachments were ordered by the defendants from the plaintiff in June, 1899, by a written order containing the following .provisions, viz: “Said machinery is purchased upon and subject to the following mutual and independent conditions, namely: It is warranted to be made of gooH material, and…
2Cases cited7 opinions
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Nichols, Shepard & Co. v. KnowlesSupreme Court of Minnesota · 1884
- Minnesota Thresher Manf'g Co. v. LincolnNorth Dakota Supreme Court · 1894
- Trapp v. New Birdsall Co.Wisconsin Supreme Court · 1901
- Aultman & Taylor Co. v. GundersonSouth Dakota Supreme Court · 1894
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3Cited by5 opinions
- Aultman & Taylor Machinery Co v. WierSupreme Court of Kansas · 1903
- Hanson v. LindstromNorth Dakota Supreme Court · 1906
- Buchanan v. Minneapolis Threshing Machine Co.North Dakota Supreme Court · 1908
- Consolidated Wagon & Machine Co. v. BarbenUtah Supreme Court · 1915
- Geiser Mfg. Co. v. CassellCourt of Appeals for the Eighth Circuit · 1909