American Case & Register Co. v. Walton & Davis Co.
North Dakota Supreme Court
Appeal from District Court, Stark county; E. B. Goss, Special Judge- Action by the American Case & Register Company against Walton and Davis Company. Rrom a judgment for defendant on a verdict directed by the court, plaintiff appeals.
1Opinion of the CourtRisk, J.
Action to recover on a promissory note for $216 executed and delivered by defenc ant to plaintiff on August 22, 1908. The execution and delivery of such note and its nonpayment is expressly admitted by the answer.. Defendant relies for a defense thereto wholly upon an alleged total'" failure of consideration. The answer, in paragraph 4, alleges, it f's true, that defendant, by means of certain false representations of p aintiff’s agent, was induced to purchase from plaintiff a certain account register for a portion of the purchase price of which the note in suit was given, and that such…
2Cases cited2 opinions
- Nind v. MyersNorth Dakota Supreme Court · 1906
- Farrell v. BouckNebraska Supreme Court · 1904
3Cited by4 opinions
- Moores v. TomlinsonNorth Dakota Supreme Court · 1916
- Baird v. KottkeNorth Dakota Supreme Court · 1929
- Baird v. KottkeNorth Dakota Supreme Court · 1929
- Weber v. United Hardware & Implement Mutuals Co.North Dakota Supreme Court · 1948