Brundage v. Mellon
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. Action by John N. Brundage against R. B. Mellon, surviving partner of the firm of Mellon Bros. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtCorliss, J.
Defendant was sued as surviving member of the firm of Mellon Bros, for deceit in the sale of horses by such firm to plaintiff. On the trial, plaintiff sought to establish the allegations of the complaint as to fraudulent representations connected with such sale by offering to prove that the member of the firm who was dead at the time of the trial had, in effecting the sale, made certain representations touching the soundness of the horses sold. The evidence was excluded by the trial court, plainly on the ground that one partner is not liable for the fraudulent representations of his copartner…
2Cases cited7 opinions
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- Chester v. . DickersonNew York Court of Appeals · 1873
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- Haney Manufacturing Co. v. PerkinsMichigan Supreme Court · 1889
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3Cited by7 opinions
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- Meadows v. OsterkampSouth Dakota Supreme Court · 1900
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