Legal Opinion

Acme Harvester Co. v. Axtell

North Dakota Supreme Court

Decided November 9, 1895PublishedCited by 1 opinion

Appeal from District Court, Dickey County; Lauder, J. Action by the Acme Harvester Company against M. P. Axtell. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtCorliss, J.

Only a single question of law arises on this appeal. The defendant was sued for an alleged balance owing by him to the plaintiff because of sales iftade by him as agent for the plaintiff of certain machinery and repairs for machinery upon commission. The defense was a settlement and payment of plaintiff’s *316claim. There was evidence in the case tending to show that on June 5, 1894, the defendant and one of plaintiff’s agents, who was authorized to settle claims for the plaintiff, agreed upon the balance owing by defendant to plaintiff, and that thereupon the defendant paid a portion of this…

2Cases cited2 opinions

  1. Childs v. O'DonnellMichigan Supreme Court · 1891
  2. Phœnix Insurance Co. v. SholesWisconsin Supreme Court · 1865

3Cited by1 opinion

  1. Hooper v. O. M. Corwin Co.Wisconsin Supreme Court · 1929

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