Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; Me Cornell, J. . Action by the Fargo Gas & Coke Company against the Fargo Gas & Electric Company to recover a balance due on the purchase price of a gas and electric plant sold by plaintiff to defendant. From a judgment for plaintiff, defendant appeals.
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Appeal from District Court, Cass County; Me Cornell, J. . Action by the Fargo Gas & Coke Company against the Fargo Gas & Electric Company to recover a balance due on the purchase price of a gas and electric plant sold by plaintiff to defendant. From a judgment for plaintiff, defendant appeals. Every contracting party has an absolute right to rely upon the express statement of an existing fact, the truth of which is known to the opposite party and unknown to him, as a basis of a mutual engagement and he is under no obligation to investigate and verify statements to the truth of which the other…
1Opinion of the CourtCorliss, J.
The plaintiff has recovered judgment for the balance of the purchase price of a gas and electric plant located in the City of Fargo, N. D., sold by plaintiff to the defendant. A portion of the consideration was paid, and, upon being sued for the unpaid portion of the purchase price, defendant set up as a *221defense a partial failure of consideration from the nondelivery of some of the property purchased, and also a counterclaim for damages arising out of the alleged deceit of the plaintiff in making the sale. The view we take of the case renders a more particular reference to the defense of…
2Cases cited33 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Krumm v. . BeachNew York Court of Appeals · 1884
- Mead v. . BunnNew York Court of Appeals · 1865
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
28 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Western Manufacturing Co. v. CottonCourt of Appeals of Kentucky · 1907
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Beare v. J.A. WrightNorth Dakota Supreme Court · 1905
- Prescott v. BrownSupreme Court of Oklahoma · 1911
37 more not listed; retrieve them via the Exa API.