Evert v. Kleimenhagen
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon D. Haney, Judge. Action for breach of warranty on a sale of horses. Judgment was rendered for plaintiff, and defendant appeals. The facts are stated in the opinion. A contract of sale made on Sunday is void. Nebert v. Bayhurst, 47 N. J. Eq. 201; Houchett v. Jordan, 45 N. W. 617; Finley v. Quirk, 9 Minn. 179; Day v. McAllester, 16 Gray 433. An action cannot be maintained, on a warranty made on the sale of property on Sunday.
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Appeal from circuit court, Brown county. Hon D. Haney, Judge. Action for breach of warranty on a sale of horses. Judgment was rendered for plaintiff, and defendant appeals. The facts are stated in the opinion. A contract of sale made on Sunday is void. Nebert v. Bayhurst, 47 N. J. Eq. 201; Houchett v. Jordan, 45 N. W. 617; Finley v. Quirk, 9 Minn. 179; Day v. McAllester, 16 Gray 433. An action cannot be maintained, on a warranty made on the sale of property on Sunday. Robertson v. French, 12 Met. 24; 5 Cush. 539; Ganson v. Gass, 107 Mass. 441; Ban telle v. Melindy, 19 N. H. 196. A contract of…
1Opinion of the CourtKellam, J.
This action was brought by respondent, Evert, to recover damages from appellant, Kleimenhagen, for a breach of warranty in the sale of a pair of horses. The case was tried before a jury. The plaintiff recovered, and the defendant, after being denied a new trial, appealed.
Appellant had brought a car load of horses from Wisconsin into Brown county for the purpose of sale. He arrived with them at the farm of a Mr’. Zellers, in that county, July 14, 1888. The next day being Sunday, respondent, Evert, called upon appellant, at Zellars’, and wanted to buy a pair of horses. After looking over the…
2Cases cited3 opinions
- Lovejoy v. WhippleSupreme Court of Vermont · 1846
- King v. FlemingIllinois Supreme Court · 1874
- Grant v. McGrathSupreme Court of Connecticut · 1888
3Cited by3 opinions
- Comeau v. HurleySouth Dakota Supreme Court · 1908
- Schott v. SwanSouth Dakota Supreme Court · 1908
- Meyer v. Davenport Elevator Co.South Dakota Supreme Court · 1899