Gas Traction Co. v. Stenger
North Dakota Supreme Court
From a judgment of the District Court of Richland County, Allen, J., defendant appeals. The whole contract is an example of rare ingenuity, and comes very near being inherently fraudulent on its face, and void as against public policy. The defendant was an unsuspecting purchaser. He relied upon what the agent said and read to him, and supposed that the instrument he signed contained just what the agent had read to him.
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From a judgment of the District Court of Richland County, Allen, J., defendant appeals. The whole contract is an example of rare ingenuity, and comes very near being inherently fraudulent on its face, and void as against public policy. The defendant was an unsuspecting purchaser. He relied upon what the agent said and read to him, and supposed that the instrument he signed contained just what the agent had read to him. This agent was a soliciting agent of the plaintiff, to get this application signed, and to make this sale, and he had undoubted authority .and power to represent to defendant…
1Opinion of the CourtChristianson, J.
This is an action to foreclose a chattel mortgage given to secure three promissory notes. The complaint is in the usual form. The answer-admits the execution and delivery of the notes and chattel mortgage, but alleges (both by way of answer and counterclaim) that the notes were executed and delivered by defendant to plaintiff *625in consideration of a certain “Big Four” traction engine; that defendant was induced to purchase said engine by reason of certain representations and warranties made to the defendant by the representatives of the plaintiff, and that said engine failed to comply with said…
2Cases cited4 opinions
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Hooven & Allison Co. v. WirtzNorth Dakota Supreme Court · 1906
- Comptograph Co. v. Citizens BankNorth Dakota Supreme Court · 1915
- Sorg v. BrostNorth Dakota Supreme Court · 1914
3Cited by1 opinion
- Hamman v. Advance-Rumely Thresher Co.North Dakota Supreme Court · 1931