Legal Opinion

International Harvester Co. of America v. McKeever

South Dakota Supreme Court

Decided November 16, 1906PublishedCited by 5 opinions

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

  1. Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
  2. Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
  3. Reagan v. McKibbenSouth Dakota Supreme Court · 1898
  4. Hulst v. Benevolent Hall Ass'nSouth Dakota Supreme Court · 1896
  5. Reid v. KelloggSouth Dakota Supreme Court · 1896

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bates v. SmithSouth Dakota Supreme Court · 1925
  2. Gingles v. Savings BankSouth Dakota Supreme Court · 1914
  3. Merrill v. Minneapolis & St. L. Ry. Co.South Dakota Supreme Court · 1910
  4. Huwe v. MoultonSouth Dakota Supreme Court · 1925
  5. Nelson v. Consolidated Sand & Stone Co.South Dakota Supreme Court · 1932

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