Northwestern Cordage Co. v. Rice
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by the Northwestern Cordage Company against D. E. Rice. From a judgment for plaintiff, defendant appeals. The oral agreement to allow a rebate for damages was valid and did not vary the terms of the notes. Brayley v. Henry, 12 Pac. Rep. 621; Maltz v. Fletcher, 18 N. W. Rep. 228. Such-’an agreement as is contended for may be shown.
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Appeal from District Court, Richland County; Lauder, J. Action by the Northwestern Cordage Company against D. E. Rice. From a judgment for plaintiff, defendant appeals. The oral agreement to allow a rebate for damages was valid and did not vary the terms of the notes. Brayley v. Henry, 12 Pac. Rep. 621; Maltz v. Fletcher, 18 N. W. Rep. 228. Such-’an agreement as is contended for may be shown. Dickens v. Morgan, 7 N. W. Rep. 145; Buscher v. Knapp, 8 N. E. Rep. 263; Staab v. Ortiz, 1 Pac. Rep. 857. The note in suit was a renewal of the note given for the purchase price of the twine and…
1Opinion of the CourtCorliss, J.
Defendant ordered of the plaintiff 7,000 pounds of pure Manilla twine. Plaintiff, acting on this order shipped to defendant a lot of twine, which the evidence tends to prove was not pure Manilla twine, but an inferior article, worth much less in the market. Defendant having been sued upon the notes given for the puachase price of this twine, he interposed as a counterclaim an alleged cause of action founded upon breach of warranty. On the trial the District Judge directed a verdict in favor of the plaintiff. Defendant.appeals.
*434At the outset, we are required to determine whether, in fact, there…
2Cases cited20 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Dounce v. . DowNew York Court of Appeals · 1876
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
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3Cited by17 opinions
- Grisinger v. HubbardIdaho Supreme Court · 1912
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
- Fort Smith Light & Traction Co. v. BourlandSupreme Court of Arkansas · 1923
- Southern Coal Co. v. RiceSupreme Court of South Carolina · 1923
- Hooven & Allison Co. v. WirtzNorth Dakota Supreme Court · 1906
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