Legal Opinion

Spaulding v. Pitts

South Dakota Supreme Court

Decided July 8, 1910PublishedCited by 2 opinions

Appeal from Circuit Court; Pennington County. Hon. Levi McGEE, Judge. Action by H. W. Spaulding and others, copartners, against K. I,. Pitts. From a judgment for defendant and an order denying a new trial, plaintiffs appeal.

1Opinion of the CourtSmith, J.

Appeal from the circuit court of Pennington county. Action on promissory note dated September io, 1902, due December 20, 1903, given for a balance on the purchase price of a carriage. The defendant, answering, denies the execution of the note sued on, alleges as a counterclaim that the plaintiff on or about the 10th day of September, 1902, offered to sell the defendant a two-seated carriage, with leather top, of plaintiff’s own make and manufacture; that plaintiff warranted and represented to defendant that said carriage was of the very best material used in the construction of that class of…

2Cases cited5 opinions

  1. Polhemus v. HeimanCalifornia Supreme Court · 1873
  2. Browning v. McNearCalifornia Supreme Court · 1904
  3. Snow v. HolmesCalifornia Supreme Court · 1886
  4. First National Bank v. HughesCalifornia Supreme Court · 1896
  5. Acme Harvesting Machine Co. v. BarkleySouth Dakota Supreme Court · 1908

3Cited by2 opinions

  1. Dokken v. W. L. Huffman Automobile Co.South Dakota Supreme Court · 1918
  2. Stroud v. FishSouth Dakota Supreme Court · 1912

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