Legal Opinion

Avery Co. v. Peterson

South Dakota Supreme Court

Decided March 12, 1919No. File No. 4471PublishedCited by 2 opinions

Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Avery Company, a corporation, against J. N. Peterson, tb recover upon a note given for purchase money of a tractor, defendant counterclaiming for breach of warranty. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.

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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Avery Company, a corporation, against J. N. Peterson, tb recover upon a note given for purchase money of a tractor, defendant counterclaiming for breach of warranty. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (3) To point three of the opinion, Appellant cited: Davison v. Robinson, 67 la. 355, 25 N„ W. 280; Robinson et al v. Burkey, hi la., 550, 82 N. W. 072: Equitable Mfg. Co. v. Stevens, (Tex.), 60 S. W. 350. Respondent cited': Threshing Machine Oo. v. Gidley, 28…

1Opinion of the CourtWititing, J.

Suit to foreclose chattel mortgage and to recover judgment on note secured by 'such mortgage. Note was given in renewal of one of two notes executed in payment for a tractor engine. Defendant pleaded as counterclaim damages flowing from alleged breach of warranty of said tractor. Verdict and judgment for defendant. Appeal from judgment and from order denying a new trial. •

[1] Appellant asked respondent, when on the witness stand, whether, -when he signed the written order given for the machine, he agreed and represented to appellant that he was an experienced operator of tractors. This…

2Cases cited1 opinion

  1. Muschelwicz v. TidrickSouth Dakota Supreme Court · 1918

3Cited by2 opinions

  1. State Nat. Bank of El Paso, Tex. v. CantrellNew Mexico Supreme Court · 1943
  2. Deere & Webber Co. v. MochNorth Dakota Supreme Court · 1942

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