Legal Opinion

Baskerville v. Johnson

South Dakota Supreme Court

Decided October 3, 1905Published

Appeal from Circuit Court, Brookings County. H011. JuutaN Bjsnnstt, Judge. Action by M. R. Baskerville and another against Thomas N. Johnson and others. From a judgment in favor of plaintiffs, defendants appeal.

1Opinion of the CourtFuller, P. J.

The substance of the contract, made the basis of this action to recover the purchase price of certain personal property, may be stated thus: On the 2nd day of September, 1901, the parties to the controversy entered into< an indivisible executory contract, by the terms of which appellants sold, subject to a written warranty, and agreed to deliver to respondents at the city of Brook-ings, a threshing outfit, consisting of a grain separator, wind stacker, and self-feeder, manufactured by the Advance Thresher Company of Battle Creek, Mich., and in consideration therefor respondents agreed to pay…

2Cases cited8 opinions

  1. J. I. Case Threshing Machine Co. v. EichingerSouth Dakota Supreme Court · 1902
  2. Rubin v. SturtevantCourt of Appeals for the Second Circuit · 1897
  3. Smith v. York Manufacturing Co.Supreme Court of New Jersey · 1895
  4. Schwartz v. Church of Holy CrossSupreme Court of Minnesota · 1895
  5. Mobile Fruit & Trading Co. v. McGuireSupreme Court of Minnesota · 1900

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