Gould Balance Valve Co. v. Herold
North Dakota Supreme Court
Appeal from a judgment and order of tbe District Court for Cass County, Folloclc, J. Tbe defendant substantially answered all pertinent questions submitted by plaintiff under tbe contract, and a settlement having been made, tbe warranty became effective and in force. Substantial compliance with tbe terms of the contract was all that was required of defendant. Sandwich Mfg. Co. v. Trindle, 71 Iowa, 600, 33 N. W. 79, 30 Am. & Eng. Enc.
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Appeal from a judgment and order of tbe District Court for Cass County, Folloclc, J. Tbe defendant substantially answered all pertinent questions submitted by plaintiff under tbe contract, and a settlement having been made, tbe warranty became effective and in force. Substantial compliance with tbe terms of the contract was all that was required of defendant. Sandwich Mfg. Co. v. Trindle, 71 Iowa, 600, 33 N. W. 79, 30 Am. & Eng. Enc. Law, 206. Notice of defects in machinery purchased with warranty need not be given in some specific, prescribed way, when all has been done by the person…
1Opinion of the Court
SpALniNG, Ch. J.
This action was brought in justice court upon a promissory note for $75, executed and delivered by defendant to plaintiffs. The answer admits the giving of the note, but alleges that it was for the purchase price of a valve sold defendant by plaintiffs for use ■on his farm engine; that there had been a breach of the warranty of such valve, and demands that the note be canceled. There was a reply, to which reference need not be made. Plaintiffs had judgment, and defendant appealed to the district court therefrom. In the latter court .a trial was had, and after the submission of…
2Cases cited6 opinions
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Plano Manufacturing Co. v. RootNorth Dakota Supreme Court · 1893
- Minnesota Thresher Manf'g Co. v. LincolnNorth Dakota Supreme Court · 1894
- J. I. Case Threshing Machine Co. v. VennumSupreme Court Of The Territory Of Dakota · 1885
- Minnesota Thresher Manufacturing Co. v. HansonNorth Dakota Supreme Court · 1892
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