Question: Ally contracted in writing with Farmer s Equipment Co to purchase
Ally contracted in writing with Farmer’s Equipment Co. to purchase a tractor and trade in his old one (sell it to the dealer). He was to keep the old tractor for his use until the new one was ready for pick up, but turn over the certificate of title (ownership) immediately to Farmers, which he did. Nothing in the contract stated how risk of loss would be handled for the old tractor in case of damage or destruction while in Ally’s possession. It so happened that while still in Ally’s possession, the old tractor caught fire and was destroyed. Ally then sued, ordering Farmers to bear the loss of the trade- in because title had passed before the tractor was destroyed. The court ruled against Ally, claiming that he must bear the loss because the tractor was in his possession when the fire occurred. Ally appealed but also lost on appeal. Do you agree with the appeals court decision? ( SC of ND 283 N. W. 2d)
Answer to relevant QuestionsDraper, the plaintiff, contracted with Meiners, a dealer in farm equipment, to buy a Minneapolis- Moline tractor and a new plow after trading in an old tractor and an old plow plus a cash payment of $ 5,300. The contract ...On January 8, 2002, O’Grady purchased a new Buick from Hoselton Motors. O’Grady gave Hoselton a down payment on the car and financed the rest of the purchase price through her bank. She picked up the new car on January ...Romero made a deal with Scoggin- Dickey, a Chevrolet- Buick Dealer, to purchase a 2006 Silverado pickup. The dealer agreed on a price to include two trade- ins and a cash difference, although the trade- ins were not ...The B& L Food Company prepared, packed, and sold quality food products to wholesalers and retailers. Marvin, while grocery shopping at Gregg’s Red & White retail store, purchased several cans of “Ma’s Fancy Baked ...Durham owned and operated the Double- D Farm as well as the L. b. Trucking Company. He hired Southern States Cooperative through its representative Richard Thomas to apply herbicides to his field to kill grass and weeds that ...
Post your question