Totten v. Stevenson
South Dakota Supreme Court
Appeal from Circuit Court, Clay County. Hon. R. B. Tripp, Judge. Action by S. M. Totten against H. A. Stevenson, for rescission of a contract for purchase of corn under an express warranty, and for damages for breach. Defendant set 'up a counterclaim, denying the allegations in the (complaint, and alleging a contract of sale of the corn without warranty express or implied, and plaintiff’s breach, and for damages.
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Appeal from Circuit Court, Clay County. Hon. R. B. Tripp, Judge. Action by S. M. Totten against H. A. Stevenson, for rescission of a contract for purchase of corn under an express warranty, and for damages for breach. Defendant set 'up a counterclaim, denying the allegations in the (complaint, and alleging a contract of sale of the corn without warranty express or implied, and plaintiff’s breach, and for damages. Defendant’s testimony was to the effect that plaintiff told him he intended to use the corn for seed. From a judgment for plaintiff on all issues, defendant appeals. The court erred…
1Opinion of the CourtMcCOY, P. J.
In this case, plaintiff, in his complaint, substantially claims that he contracted with defendant to purchase some 2,000 bushels of seed corn, guaranteed or warranted by defendant to stand a germinating test of go per cent, or better, at $1 per bushel, to be delivered to plaintiff at his place of.business in Vermillion; that he paid to defendant $775 to apply on said contract; that defendant delivered a portion of said corn; that the same failed to come up to the guaranteed test of go per cent., but only would test about 60 per cent., and by reason thereof plaintiff refused to accept more of…
2Cases cited1 opinion
- Qualy v. JohnsonSupreme Court of Minnesota · 1900
3Cited by8 opinions
- M. E. Smith & Co. v. KimbleSouth Dakota Supreme Court · 1917
- J. S. Elder Grocery Co. v. ApplegateSupreme Court of Arkansas · 1922
- Missouri River Transportation Co. v. Minneapolis & St. Louis Railway Co.South Dakota Supreme Court · 1914
- Landreth Seed Co. v. Kerlec Seed Co.Louisiana Court of Appeal · 1930
- Schwitz v. ThomasSouth Dakota Supreme Court · 1916
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