Hessenius v. Wetmore
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by H. M. Hessenius against Harry A. Wetmore, doing business as the Sioux Fall's Auto. Company, to recover a deposit made by .plaintiff under a sales contract; defendant counterclaiming. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by H. M. Hessenius against Harry A. Wetmore, doing business as the Sioux Fall's Auto. Company, to recover a deposit made by .plaintiff under a sales contract; defendant counterclaiming. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (2) Under point two Of the opinion, Respondent submitted that: The purported contract, so far as it relates to the purchase and sale of cars, is incomplete; it does not describe the kind or style of cars, nor the time when any of them should…
1Opinion of the CourtGates, J.
On July 26, 1911, the defendant and another, doing business as the 'Sioux 'City Auto Company, entered into an agreement in writing with plaintiff as follows:
“Memorandum of agreement, made in triplicate this 26th day of July, 1911, by and between the 'Sioux City Auto Company, hereinafter called the dealer, and H. M. Hessenius, hereinafter called the subdealer: That in consideration of the mutual covenants and agreements herein contained the parties hereto agree as follows:
“1. The dealer agrees to sell to the subdealer f. 0. b. cars at Detroit, Michigan, sight draft against bill of lading, with…
2Cases cited5 opinions
- Velie Motor Car Co. v. Kopmeier Motor Car Co.Court of Appeals for the Seventh Circuit · 1912
- Oakland Motor Car Co. v. Indiana Automobile Co.Court of Appeals for the Seventh Circuit · 1912
- Buick Motor Co. v. ThompsonSupreme Court of Georgia · 1912
- Gile v. Interstate Motor Car Co.North Dakota Supreme Court · 1914
- Goodyear v. H. J. Koehler Sporting Goods Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by3 opinions
- Nicolls v. WetmoreSupreme Court of Iowa · 1916
- Eagle Coal & Mining Co. v. HazenSupreme Court of Iowa · 1919
- Michaelson v. SchulkeSupreme Court of Iowa · 1917