J. I. Case Threshing Machine Co. v. Loomis
North Dakota Supreme Court
Appeal from the County Court of Ransom County; Thomas, J. Action to recover for merchandise furnished. Counterclaim for commission. Judgment for defendant on counterclaim. Plaintiff appeals. Statement of facts by Bruce, J. This action was tried to the court, a jury having been waived. It was brought by the plaintiff and appellant threshing machine company to recover from the defendant and respondent the sum of $135.90 for merchandise furnished.
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Appeal from the County Court of Ransom County; Thomas, J. Action to recover for merchandise furnished. Counterclaim for commission. Judgment for defendant on counterclaim. Plaintiff appeals. Statement of facts by Bruce, J. This action was tried to the court, a jury having been waived. It was brought by the plaintiff and appellant threshing machine company to recover from the defendant and respondent the sum of $135.90 for merchandise furnished. The defendant admitted the debt, but set up a counterclaim in the sum of $420 for a commission claimed to have been earned by the defendant in the…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The question before this court is whether the defendant was entitled to a commission of 10 per cent on the sale of the threshing machine in question, and by the terms of his contract of agency. Plaintiff and appellant contends that he is not, as the machine was not sold for cash, but an old threshing machine was taken in part payment thereof, and the contract of agency expressly provides that “no commission shall be paid . . . upon goods sold or exchanged for other goods on account of alleged defects; nor upon sales made where other goods or property is…
2Cases cited11 opinions
- Phelps v. HarrisSupreme Court of the United States · 1880
- Egan v. BurnightSouth Dakota Supreme Court · 1914
- Davis v. Huber Manufacturing Co.Supreme Court of Iowa · 1903
- Lowe v. JensenNorth Dakota Supreme Court · 1911
- Consumers' Brewing Co. v. City of NorfolkSupreme Court of Virginia · 1903
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3Cited by3 opinions
- State v. AlbartySupreme Court of North Carolina · 1953
- Westfall v. EllisSupreme Court of Minnesota · 1919
- Hulet v. PayneCourt of Appeals for the Eighth Circuit · 1922