Hamburger v. Economy Department Store

The vacillating attitude with respect to the crucial question in this case, from which the court seemed to have freed itself by the decision in Qualseth v. Thompson, 44 S. D. 190, 183 N. W. 116, followed in Adams v. Morehead, 45 S. D. 216, 186 N. W. 830, appears to be reverted to by the decision in the present case.

In Hagen v. Townsend, 27 S. D. 457, 131 N. W. 512, where plaintiff claimed to have sold wheat at a price amounting to $385.38, while defendant claimed the amount to be $360.20, and sent plaintiff a check for the amount, which plaintiff indorsed and cashed, this court said: “There…