Comptograph Co. v. Citizens Bank
North Dakota Supreme Court
Appeal from a judgment of the District Court of Ward County, Leighton, J. Plaintiff appeals. The written contract contains the whole agreement of the parties. It so expressly provides. A warranty is an agreement. To hold that the statutory warranties apply to this sale would in effect create a new contract for the parties. Dowagiac Mfg. Co. v. Mahon, 13 N. D. 521, 101 N. W. 903. There is no proof that plaintiff failed in any respect to carry out the contract.
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Appeal from a judgment of the District Court of Ward County, Leighton, J. Plaintiff appeals. The written contract contains the whole agreement of the parties. It so expressly provides. A warranty is an agreement. To hold that the statutory warranties apply to this sale would in effect create a new contract for the parties. Dowagiac Mfg. Co. v. Mahon, 13 N. D. 521, 101 N. W. 903. There is no proof that plaintiff failed in any respect to carry out the contract. “Title passes to vendee when parties agree upon a present transfer and the thing itself is identified.” N. D. Stat. § 4990 ; Nichols &…
1Opinion of the CourtChristianson, J.
Plaintiff brought this action to recover the purchase price of an adding machine which it is alleged defendant purchased from plaintiff. The material allegations of the complaint, aside from the allegation of corporate existence of the parties, are as follows: “That on or about tire 21st day of November, 1910, the defendant purchased from the plaintiff a certain comptograph, complete with motor and stand, for the sum of four hundred sixty-seven and 20/100 ($467.20) dollars, under and by virtue of the agreement, hereunto attached marked exhibit ‘A’ and made a part hereof.
“That thereafter, and…
2Cases cited8 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Hooven & Allison Co. v. WirtzNorth Dakota Supreme Court · 1906
- Lowe v. JensenNorth Dakota Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bekkevold v. PottsSupreme Court of Minnesota · 1927
- Minneapolis Threshing MacH. Co. v. HockingNorth Dakota Supreme Court · 1926
- Minneapolis Steel & MacHinery Co. v. Casey Land AgencyNorth Dakota Supreme Court · 1924
- Bakke v. NelsonNorth Dakota Supreme Court · 1937
- Minneapolis Threshing Machine Co. v. HuncovskyNorth Dakota Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.