Kelly v. Pierce
North Dakota Supreme Court
Appeal from District Court, Cavalier county; Kneeshaw, J. Action by M. Kelly and James McLaughlin, co-p'artners as Kelly & McLaughlin, against T. E. Pierce and L. C. Champine-, co-partners as Pierce & Champine. Judgment for plaintiffs. Defendants .appeal. Dependent conditions must be complied with before seller is bound to part with 'his goods.
Read the full summary
Appeal from District Court, Cavalier county; Kneeshaw, J. Action by M. Kelly and James McLaughlin, co-p'artners as Kelly & McLaughlin, against T. E. Pierce and L. C. Champine-, co-partners as Pierce & Champine. Judgment for plaintiffs. Defendants .appeal. Dependent conditions must be complied with before seller is bound to part with 'his goods. Davis v. Jeffris, 58 N. W. 815; O-sborne v. Martin, 56 N. W. 905; W-ernli v. Collins, 54 N. W. 365. Plaintiff cannot recover on quantum meruit. Wernli v. Collins, supra; Morrow v. Board of Education, 64 N. W. 1126; Prairie v. Haselem, 3 N. D. 328, 55…
1Opinion of the CourtMorgan, C. J.
The plaintiffs .sold and delivered to the defendants some horses, buggies, and other personal property used in the running of a livery barn in the city of Langdon for the agreed price of $1,550. The terms of the sale were that the defendants were to execute to the plaintiffs two promissory notes, each for the sum of $775, one due on or before one year from the date of the sale, June 16, 1904, and the other due two years from the date of sale, each to bear interest at the rate of 8 per cent per annum. All of the property embraced in the sale was delivered to the defendants immediately after…
2Cases cited5 opinions
- Barron v. MullinSupreme Court of Minnesota · 1875
- Young & Kuhen v. DaltonTexas Supreme Court · 1892
- Hays v. WeathermanIndiana Supreme Court · 1860
- Carnahan v. HughesIndiana Supreme Court · 1886
- Foster v. AdamsSupreme Court of Vermont · 1888
3Cited by13 opinions
- Clark v. JosephsonNorth Dakota Supreme Court · 1954
- Kohler v. StephensNorth Dakota Supreme Court · 1946
- State v. HansonNorth Dakota Supreme Court · 1955
- Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1939
- Engstrom v. LarsonNorth Dakota Supreme Court · 1950
8 more not listed; retrieve them via the Exa API.