Hart-Parr Co. v. Finley
North Dakota Supreme Court
Before time fixed for delivery defendant gave notice of cancelation of hie written and accepted order of plaintiff for a traction engine. Plaintiff refused to permit cancelation, insisting upon performance, with defendant repudiating the contract and declaring that he would not accept or pay for the machine. Plaintiff thereafter tendered it, and upon defendant’s refusal to accept it, left the engine at defendant’s farm against his protests and without his consent.
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Before time fixed for delivery defendant gave notice of cancelation of hie written and accepted order of plaintiff for a traction engine. Plaintiff refused to permit cancelation, insisting upon performance, with defendant repudiating the contract and declaring that he would not accept or pay for the machine. Plaintiff thereafter tendered it, and upon defendant’s refusal to accept it, left the engine at defendant’s farm against his protests and without his consent. Plaintiff claims title passed as on a delivery, and sues for the purchase price, $2,400, and freight $104 additional. Held: From a…
1Opinion of the CourtGoss, J.
This action is to recover $2,400 damages as the purchase price of an engine plaintiff claims to have sold and delivered defendant, together with an additional $104 freight charge thereon. June 10, 1912, defendant executed and delivered the usual written machinery order to plaintiff. It was duly accepted. Before the stipulated time for delivery, defendant notified plaintiff he would not receive the engine and to cancel his order. Plaintiff refused cancelation, insisting upon full performance. On receipt of defendant’s written notice of revocation, and on June 29th, plaintiff wrote defendant as…
2Cases cited35 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Greenwall Theatrical Circuit Co. v. MarkowitzTexas Supreme Court · 1904
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
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3Cited by12 opinions
- Glatt v. Bank of Kirkwood PlazaNorth Dakota Supreme Court · 1986
- Northwest Realty Company v. PerezSouth Dakota Supreme Court · 1965
- Tripp v. WadeSupreme Court of Florida · 1921
- Elliott Supply Co. v. GreenNorth Dakota Supreme Court · 1917
- Dobler v. MalloyNorth Dakota Supreme Court · 1971
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