Legal Opinion

Behringer v. Muchow

South Dakota Supreme Court

Decided December 12, 1947No. File No. 8937PublishedCited by 12 opinions

1Opinion of the CourtHayes, J.

Plaintiff brought suit to recover damages for breach of warranty. His complaint alleged the purchase of a boar pig from defendant, and that defendant expressly warranted said boar for the purpose of breeding. The complaint pleads also the lack of performance by the boar and the resulting loss to plaintiff. The answer of defendant admitted the sale to plaintiff as pleaded but alleges that the services of the boar were. guaranteed only if he would be used in pen breeding. The answer alleges further that it was also understood between the parties that should the animal prove unsatisfactory the…

2Cases cited3 opinions

  1. Van Abel v. WemmeringSouth Dakota Supreme Court · 1914
  2. Kosloski v. KellyWisconsin Supreme Court · 1904
  3. Union Investment Co. v. SchonebaumSouth Dakota Supreme Court · 1919

3Cited by12 opinions

  1. Tesch v. TeschSouth Dakota Supreme Court · 1987
  2. Piper v. Barber Transportation Co.South Dakota Supreme Court · 1961
  3. Andree v. AndreeSouth Dakota Supreme Court · 1980
  4. State v. SchweitzerSouth Dakota Supreme Court · 1969
  5. Wieland v. LoonSouth Dakota Supreme Court · 1962

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