North Dakota Supreme Court June 21, 1906 (Murphy v. Foster)

Morgan, C. J.

Action upon a promissory note given for the purchase price of one Monarch self-feeder. Defendant alleged that the self-feeder was purchased under a warranty, that there was a breach of such warranty, that the machine was returned to plaintiff in pursuance of the terms of the warranty, and that the contract was thereby rescinded. The trial court directed a verdict for the defendant.