Minnesota Thresher Manf'g Co. v. Lincoln
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by the Minnesota Thresher Manufacturing Company against W. H. Lincoln and others. A verdict for plaintiff was directed, and, from an order granting defendants a new trial, plaintiff appeals.
1Opinion of the CourtWallin, J.
The plaintiff bases this action upon defendants’ promissory note for $470. Defendants answered the complaint, admitting the execution and delivery of the note, and that it was unpaid; and, further answering, allege that the note was given for the purchase price of a separator sold by plaintiff to defendants with a warranty, that there was a breach of such warranty, and that the separator was of no value whatever as a separator. Defendants’ answer also embodied a counterclaim, as follows: “That on or about the 1st day of September, 1891, they bought from plaintiff the certain separator…
2Cases cited4 opinions
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Mattoon v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1894
- Reeves & Co. v. CorriganNorth Dakota Supreme Court · 1893
3Cited by7 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- Advance-Rumely Thresher Co. v. TerpeningMontana Supreme Court · 1920
- Buchanan v. Minneapolis Threshing Machine Co.North Dakota Supreme Court · 1908
- J. I. Case Threshing Machine Co. v. EbbighausenNorth Dakota Supreme Court · 1903
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