Hazelton Boiler Co. v. Fargo Gas and Electric Co.
North Dakota Supreme Court
Appeal from District Court, Cass County-; McConnell, J. Action by the Hazelton Boiler Company against the Fargo Gas & Electric Company on a contract for the sale of a boiler. Judgment for plaintiff, and defendant appeals. The defendant offered upon the trial testimony tending to establish all the facts necessary to substantiate the defense of fraudulent representations.
Read the full summary
Appeal from District Court, Cass County-; McConnell, J. Action by the Hazelton Boiler Company against the Fargo Gas & Electric Company on a contract for the sale of a boiler. Judgment for plaintiff, and defendant appeals. The defendant offered upon the trial testimony tending to establish all the facts necessary to substantiate the defense of fraudulent representations. The evidence given and offered was sufficient on the question of fraud to warrant the submission of the case to the jury. Meyer v. Salazee, 24 Pac. Rep. 507; Derby v. Peck. L. R., 14 App. Cases, 337; Litchfield v. Hutchinson,…
1Opinion of the CourtWallin, J.
The controlling facts involved in this action are as follows: At and prior to April 17, 1889, defendant was operating a gas and electric plant at the City of Fargo, and had in use in its plant a certain horizontal tubular steam boiler, and, being desirous of adding to the power of its plant, defendant entered into negotiations with the plaintiff for the purchase of a boiler. Considerable correspondence was had between the parties, resulting in a contract of sale. The correspondence was between the secretary of defendant, one Seth Newman, and one C. D. Dennis, who was plaintiff’s…
2Cited by7 opinions
- Alm Construction Company v. VertinNorth Dakota Supreme Court · 1962
- Baird v. FuerstNorth Dakota Supreme Court · 1931
- Battagler v. DicksonNorth Dakota Supreme Court · 1949
- McRea v. Hillsboro National BankNorth Dakota Supreme Court · 1897
- Berry v. HeinzNorth Dakota Supreme Court · 1965
2 more not listed; retrieve them via the Exa API.