Garland v. Keeler
North Dakota Supreme Court
Appeal from District Court, Foster county; Burke, J. Action by Preston Garland against F. B. Keeler. Judgment for plaintiff. Defendant appeals. Where the agreement is that machine shall work to the purchaser’s satisfaction, he is the sole judge and he need only show that his claim was made in good faith. Wood Machine Co. v. Smith, 15 N. W. 906; Piano Mfg. Co. v. Ellis, 35 N. W. 841; Silsby Mfg.
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Appeal from District Court, Foster county; Burke, J. Action by Preston Garland against F. B. Keeler. Judgment for plaintiff. Defendant appeals. Where the agreement is that machine shall work to the purchaser’s satisfaction, he is the sole judge and he need only show that his claim was made in good faith. Wood Machine Co. v. Smith, 15 N. W. 906; Piano Mfg. Co. v. Ellis, 35 N. W. 841; Silsby Mfg. Co. v. Chicago, 24 Fed. 893; Goodrich v. Van Nortwich, 43 Ill. 445. Exceptions to charge must be specific. Hedlun v. Holy Terror Min. Co., 92 N. W. 31.
1Opinion of the CourtMorgan, C. J.
Plaintiff sues for the purchase price of a King harvesting machine, alleged to have been sold and delivered to the defendant. The machine was sold by the plaintiff as agent for the Acme Machine Company. The answer denies that the harvester was sold to him, and alleges that it was delivered to him for trial, and if it worked to his entire satisfaction that he was to pay $200 for it, and if it failed to work to his entire satisfaction that he was not to receive it, but was to return it. Pie alleges that it failed to work satisfactorily and that he returned it to plaintiff. A trial to a jury…
2Cases cited10 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Baltimore & Ohio Railroad v. Brydon ex rel. DavisCourt of Appeals of Maryland · 1886
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
- Hartford Sorghum Manufacturing Co. v. BrushSupreme Court of Vermont · 1871
- Parr v. Northern Electrical Manufacturing Co.Wisconsin Supreme Court · 1903
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3Cited by6 opinions
- Houghton Implement Co. v. VavroskyNorth Dakota Supreme Court · 1906
- Lofthouse v. Galesburg State BankNorth Dakota Supreme Court · 1922
- Olson v. LarsonNorth Dakota Supreme Court · 1921
- Anderson v. Sheehan-Bartling, Inc.South Dakota Supreme Court · 1960
- Anderson v. Sheehan-Bartling, Inc.South Dakota Supreme Court · 1960
1 more not listed; retrieve them via the Exa API.