Gaar Scott & Co. v. Green
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Gaar, Scott & Co., against J. K. Green and .E. E. Green. Judgment for defendants, and plaintiff appeals. The execution of the notes and mortgage by the defendants could furnish no consideration for the alleged new agreement to put the machine in repair.
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Appeal from District Court, Cass County; McConnell, J. Action by Gaar, Scott & Co., against J. K. Green and .E. E. Green. Judgment for defendants, and plaintiff appeals. The execution of the notes and mortgage by the defendants could furnish no consideration for the alleged new agreement to put the machine in repair. Whart. on Contracts, 500; Conover v. Stilwell, 34 N. J. L. 54; Vanderbilt v. Schreyer., 91 N. Y. 392. Defendants allege an oral warranty, but there was a written warrantyjto the same effect. In such case proof of the oral warranty was inadmissible. Zimmerman v. Dolfih, 62 N. W.…
1Opinion of the CourtBartholomew, J.
There is no conflict in the evidence in this case. There was a directed verdict for defendants. Motion for a new trial denied. Judgment upon the verdict, and plaintiff appeals. The action is upon certain promissory notes executed by respondents to appellant. The notes had been secured by a chattel mortgage. The mortgaged property had been seized and sold, and the amount realized credited upon the notes, and this action is for the balance. The notes were given for the purchase price of a grain separator. The issues arise upon the allegations in the answer that the notes were delivered…
2Cases cited19 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Benton v. . MartinNew York Court of Appeals · 1873
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
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- Quinlivan v. Dennstedt Land Co.North Dakota Supreme Court · 1918