Legal Opinion

Cole v. Melvin

District Court, D. South Dakota

Decided November 21, 1977No. Civ. 75-3002PublishedCited by 30 opinions

1Opinion of the Court

MEMORANDUM OPINION

BOGUE, District Judge.

This lawsuit arose from a disagreement about the meaning of a contract for the sale of exotic cattle. Plaintiff Terry Cole is from Gainsborough, Saskatchewan; Defendant Warren Melvin lives in Hyde County, South Dakota. The parties are properly before this Court under 28 U.S.C. § 1332(a)(2).

Although several material facts are at issue, the series of events leading to the commencement of this lawsuit is generally agreed upon and will be narrated in a summary manner. In May of 1974 Cole agreed to purchase sixteen (16) Blonde D’Aquitaine heifers from…

2Cases cited2 opinions

  1. Beka v. Lithium Corporation of AmericaSouth Dakota Supreme Court · 1958
  2. Peter Kiewit Sons' Co. v. Summit Construction Co.Court of Appeals for the Eighth Circuit · 1969

3Cited by30 opinions

  1. Top of Iowa Cooperative v. Sime Farms, Inc.Supreme Court of Iowa · 2000
  2. City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994
  3. Hanson v. Funk Seeds InternationalSouth Dakota Supreme Court · 1985
  4. Universal Resources Corporation, Cross-Appellant v. Panhandle Eastern Pipe Line Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987
  5. Meyer v. Dixon Bros., Inc.South Dakota Supreme Court · 1985

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