Northern Plumbing Supply, Inc. v. Gates

STRUTZ, Chief Justice.

The plaintiff corporation sold to the defendant certain pipe which was not paid for by the defendant when plaintiff asserts payment became due. The parties, sometime after the plaintiff claims payment was due, went to the Union National Bank in Minot and co-signed a note for the amount of the purchase price, the plaintiff receiving all the proceeds of such loan. When the note became due at the bank, the defendant refused to make payment, asserting that the pipe which the plaintiff had delivered to him was not fit for the purpose for which he had purchased it. The…