International Harvester Co. of America v. McKeever
South Dakota Supreme Court
Appeal from'Circuit Court, Roberts County. - Hon. J. H. McCoy, Judge. . Action by the International Harvester Company oh America against J. A. McKeever. From a judgment for plaintiff, defendant appeals. A clause in a contract that “no one has any authority to add to, abridge, or change it in any manner” will not prevent á waiver of its provisions by the agent -of a corporation which is a party ■thereto.
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Appeal from'Circuit Court, Roberts County. - Hon. J. H. McCoy, Judge. . Action by the International Harvester Company oh America against J. A. McKeever. From a judgment for plaintiff, defendant appeals. A clause in a contract that “no one has any authority to add to, abridge, or change it in any manner” will not prevent á waiver of its provisions by the agent -of a corporation which is a party ■thereto. D. M. Osborne .& Co. v. Backer, 81 la. 375, 47 N. W. 70; Esterly Harvesting Machine Co. v. Bemis, 61 N. W. 980; Peterson v. Walter A. Wood M. & R. N. Co., 66. N. W. 96; Robinson & Co. v.…
1Opinion of the CourtHaney, J.
The defendant and the McCormick Harvesting Machine Company executed a written “Commission Agency Contract” such as is usually required by the machine companies; also certain written contracts with respect to particular articles handled by the company for the season of 1902. The parties -having been unable to reach a settlement at the Close of the seasoli, this action for an accounting was instituted, and a receiver was appointed to preserve the property in dispute. Subsequently the company’s rights were assigned to this paintiff. The court before whom" the cause was tried, without a jury,…
2Cases cited9 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
- Reagan v. McKibbenSouth Dakota Supreme Court · 1898
- Hulst v. Benevolent Hall Ass'nSouth Dakota Supreme Court · 1896
- Reid v. KelloggSouth Dakota Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bates v. SmithSouth Dakota Supreme Court · 1925
- Gingles v. Savings BankSouth Dakota Supreme Court · 1914
- Merrill v. Minneapolis & St. L. Ry. Co.South Dakota Supreme Court · 1910
- Huwe v. MoultonSouth Dakota Supreme Court · 1925
- Nelson v. Consolidated Sand & Stone Co.South Dakota Supreme Court · 1932