Hull v. Caldwell
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to recover for breach, of contract. Plaintiff had judgment. Defendant appeals. The facts are stated in the opinion. In the sale or exchange of personal property the vendor in possession warrants the title which he assumes to transfer to the vendee. McCoy v. Artcher, 3 Barb. 323; Castigan v. Hawkins, 22 Wis. 77; Davis v. Smith, 7 Minn. 328; Scott v. Hix, 62 Am.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to recover for breach, of contract. Plaintiff had judgment. Defendant appeals. The facts are stated in the opinion. In the sale or exchange of personal property the vendor in possession warrants the title which he assumes to transfer to the vendee. McCoy v. Artcher, 3 Barb. 323; Castigan v. Hawkins, 22 Wis. 77; Davis v. Smith, 7 Minn. 328; Scott v. Hix, 62 Am. Dec. 458; Shattuclc v. G-reen, 104 Mass. 42; Patee v. Pelton, 48 Vt. 182; Hunt v. Sackett, 31 Mich. 18; Thurston v. Spratt, 52 Me. 202; Sargent v. Currier,…
1Opinion of the CourtCorson, J.
On July 12, 1890, the plaintiff and defendant entered into a written contract, by the terms of which the defendant agreed to deliver to the plaintiff 75 tons of hay on demand after October 1st for which the plaintiff agreed to pay him $225, $100 of which was to be paid by a buggy and harness to be delivered to defendant at the date of the execution of the contract. The buggy and harness were delivered for which the defendant gave a receipt, of which the following is a copy: “Sioux Falls, S. D., July 12, 1890. Received of L. B. Hull one buggy and harness, the same to be applied as payment of…
2Cases cited4 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Muller v. . EnoNew York Court of Appeals · 1856
- Gross v. KierskiCalifornia Supreme Court · 1871
- Linton v. PorterIllinois Supreme Court · 1863
3Cited by3 opinions
- Courtney v. GordonMontana Supreme Court · 1925
- Wilson v. TihcheffSupreme Court of Oklahoma · 1945
- Kennedy v. HasselstromSouth Dakota Supreme Court · 1918