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Lynn v. Seby
North Dakota Supreme Court
151 N.W. 31 (1915)
The plaintiff contracted to thresh all of the defendant’s grain, including wheat, oats, and flax. The plaintiff neglected to thresh the flax. The defendant paid the plaintiff part of the money due on the contract. The plaintiff sued to recover the balance. The defendant countersued for damages resulting from the flax being subjected to the winter weather without being threshed. The trial court ruled in favor of the plaintiff, awarding a small amount due for the plaintiff’s threshing. The trial court ruled that the damage to the flax due to the weather constituted unrecoverable consequential damages. The defendant appealed, arguing that the plaintiff should not be entitled to recover for his part performance due to his breach.
Rule of Law
Holding and Reasoning (Goss, J.)
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