Canham v. Plano Manufacturing Co.
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action for breach of contract by John Canham against the Plano Manufacturing Company. Plaintiff had judgment, and defendant appeals.
1Opinion of the CourtCoIrliss, J.
The defendant sold and delivered to plaintiff a twine binder. For this, plaintiff gave his three promissory notes. Fie subsequently returned the machine claiming that there was a breach of the warranty accompanying the sale, and, having paid two of these notes, he brings suit to recover the amount so paid, and also the amount due on the other note. If there was a valid warranty on such sale, and a breach thereof, and a valid rescission of the contract, then the consideration for these notes failed, and it was the duty of the defendant to return the note which remained unpaid, and to restore…
2Cases cited8 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Deering v. ThomSupreme Court of Minnesota · 1882
- Oster v. MickleySupreme Court of Minnesota · 1886
- McCormick v. KellySupreme Court of Minnesota · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
- Myrick v. PurcellSupreme Court of Minnesota · 1905
- Scriven v. HechtCourt of Appeals for the Second Circuit · 1923
- Cysewski v. FriedNorth Dakota Supreme Court · 1912
- Johnson v. Worthington Creamery & Produce Co.South Dakota Supreme Court · 1941