Warder, Bushnell & Glessner Co. v. Ingli
South Dakota Supreme Court
Appeal from district court, Day county. Action to recover possession of certain personal property. Judgment for defendant upon verdict directed by the- court. Plaintiff appeals. The facts so far as material are stated in the opinion. An authority to an agent to sell confers no authority to barter.
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Appeal from district court, Day county. Action to recover possession of certain personal property. Judgment for defendant upon verdict directed by the- court. Plaintiff appeals. The facts so far as material are stated in the opinion. An authority to an agent to sell confers no authority to barter. Trudo v. Anderson, 10 Mich. 357; Kent v. Bornstein, 12 Allen, 342; Wheeler v. Wilson Mf’g Co. v. Given, 66 Mo. 89; Victor Machine Co. v. Hiller, 44 Wis. 44; Stewart v. Woodward, 50 Vt. 78. When evidence is produced tending to establish the material facts in a case, it is error to direct a verdict.…
1Opinion of the CourtKellam, J.
On the trial of this action, which was for the recovery of the possession of one new Champion binder, the court, at the conclusion of plaintiff's evidence, directed a verdict in favor of the then defendant, William J. Ingli, since deceased, for the reason that plaintiff had shown no evidence of its title to the property in question. This ruling, and a refusal to grant a new trial therefor, constitute the alleged error, to review which this appeal is brought.
There was evidence, received without objection, tending to show that plaintiff’s business was “manufacturing these machines;” that this…
2Cases cited3 opinions
- Janson v. BrooksCalifornia Supreme Court · 1865
- Becker v. BeckerSupreme Court of Iowa · 1876
- Goode v. SmithCalifornia Supreme Court · 1859
3Cited by11 opinions
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
- Yetzer v. YoungSouth Dakota Supreme Court · 1892
- Southern Pac. Co. v. HallCourt of Appeals for the Ninth Circuit · 1900
- Merchants Nat. Bank v. StebbinsSouth Dakota Supreme Court · 1901
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