Zink v. Lahart
North Dakota Supreme Court
Appeal from District Court, Foster County; Burke, J. Action by Peter P. Zink against James W. Lahart. Judgment for plaintiff. Defendant appeals. Where there is conflict of testimony case must go to jury. 1 Thompson on Trials, 1037; 30 Am. & Eng. Enc. of Law, 1063; Slattery v. Donnelly, 1 N. D. 264, 47 N. W. 375; McRea v. Hillsboro Nat’l Bank, 6 N. D. 353, 70 N. W. 813-; Vickery v. Burton, 6 N. D. 245, 69 N. W. 193; Cameron v. G. N. Ry.
Read the full summary
Appeal from District Court, Foster County; Burke, J. Action by Peter P. Zink against James W. Lahart. Judgment for plaintiff. Defendant appeals. Where there is conflict of testimony case must go to jury. 1 Thompson on Trials, 1037; 30 Am. & Eng. Enc. of Law, 1063; Slattery v. Donnelly, 1 N. D. 264, 47 N. W. 375; McRea v. Hillsboro Nat’l Bank, 6 N. D. 353, 70 N. W. 813-; Vickery v. Burton, 6 N. D. 245, 69 N. W. 193; Cameron v. G. N. Ry. Co., 8 N. D. 124, 77 N. W. 1016; Pylce v. Jamestown, 15 N. D. 157, 107 N. W. 359; Heckman v. Evanson, 7 N. D. 173, 73 N. W. 427; Sioux City & Pac. R. R. Co. v.…
1Opinion of the CourtFisic, J.
This appeal is from a judgment of the district court of Foster county rendered in plaintiff’s favor, pursuant to a verdict directed by the court. The action was brought to recover the purchase price of certain flax which plaintiff claims to have sold to defendant in the fall of 1902. Such sale was specifically denied by the answer, and this was the sole issue in the case. Testimony was introduced by plaintiff showing delivery of the flax to one Byfield at Melville, and tending to show that this man, Byfield, in the purchase thereof was merely acting as defendant’s agent or servant. Certain…
2Cases cited4 opinions
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Vickery v. BurtonNorth Dakota Supreme Court · 1896
- McRea v. Hillsboro National BankNorth Dakota Supreme Court · 1897
- Slattery ex rel. Slattery v. DonnellyNorth Dakota Supreme Court · 1890
3Cited by8 opinions
- State Ex Rel. Workmen's Compensation Fund v. Yellow Cab Co.North Dakota Supreme Court · 1932
- Dahl v. North American Creameries, Inc.North Dakota Supreme Court · 1953
- Stokes v. DaileyNorth Dakota Supreme Court · 1957
- Hall v. Northern Pacific Railway Co.North Dakota Supreme Court · 1907
- State Automobile and Casualty Underwriters v. SkjonsbyNorth Dakota Supreme Court · 1966
3 more not listed; retrieve them via the Exa API.