BALTHAUSER & MOYER, INC. v. HAYDEN

No. 7323.

59 N.W.2d 828 (1953)

BALTHAUSER & MOYER, Inc. v. HAYDEN.

Supreme Court of North Dakota.

August 14, 1953.


Attorney(s) appearing for the Case

Franklin E. Molland, Dickinson, for defendant and appellant.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, for plaintiff and respondent.


BURKE, Judge.

In this action plaintiff obtained judgment against the defendant for damages for the breach of a contract for the purchase of cattle. The case was tried to the court without a jury and upon appeal the defendant has demanded a trial de novo in this court.

There are but two issues for consideration. First, does the evidence support the trial court's finding that defendant breached his contract? Second, if the finding that defendant breached his...

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