Kramer v. K. O. Lee & Son Co.

The defendant is a South Dakota corporation, of which K. O. Lee was president. The plaintiff, father and son, after some written and oral negotiations, signed a written order to the defendant for the sale to them of “one 18 — 36 Kebuilt Gray Tractor complete to be shipped from Aberdeen, S. Dak., or Self ridge, N. Dak.” subject to approval by the defendant. The company approved the order. Tbe tractor was delivered, $300 was paid in cash and notes and chattel mortgages executed for $550, the remainder of the purchase price. For reasons hereafter stated plaintiffs attempted to rescind the…