Nichols & Shepard Co. v. Marshall
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. W. G. Ricé, Judge. Action by the Nichols & Shepard Company against Edward T. Marshall. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtWhiting, J.
This is an action brought to recover on one of a series of promissory notes given plaintiff by defendant as part purchase price of a steam traction engine. Defendant inter*183posed as a counterclaim damages which he claimed to have suffered through the alleged breach of a warranty relating to such engine, which warranty formed a part of the written order or contract of sale of such engine. The cause was tried to the court and jury, and a verdict was found for defendant and judgment entered thereon. The plaintiff moved for a new trial, and, this motion being denied, it has appealed from such…
2Cases cited7 opinions
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- Weitzel v. LeysonSouth Dakota Supreme Court · 1909
- Howie v. BratrudSouth Dakota Supreme Court · 1901
- Edgemont Imp. Co. v. N. S. Tubbs Sheep Co.South Dakota Supreme Court · 1908
- Bolte & Jansen v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
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3Cited by11 opinions
- State v. DammSouth Dakota Supreme Court · 1933
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Yelloway, Inc. v. HawkinsCourt of Appeals for the Eighth Circuit · 1930
- Mary Fletcher Hospital v. City of BarreSupreme Court of Vermont · 1953
- Davis v. C. & J. Michel Brewing Co.South Dakota Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.