International Harvester Co. of America v. Pott
South Dakota Supreme Court
Appeal from Circuit Court, Grant County. Hon. FRANie McNulty, Judge. Action by the International Harvester Company of America against Nick Pott, Peter Pott, Joseph Pott, and N. M. Pott, co-partners as N. Pott & Sons, to recover upon a promissory note given by defendants to plaintiff for part of purchase price of personalty sold to them by plaintiff under an alleged conditional sale. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal.
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Appeal from Circuit Court, Grant County. Hon. FRANie McNulty, Judge. Action by the International Harvester Company of America against Nick Pott, Peter Pott, Joseph Pott, and N. M. Pott, co-partners as N. Pott & Sons, to recover upon a promissory note given by defendants to plaintiff for part of purchase price of personalty sold to them by plaintiff under an alleged conditional sale. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Under section 2303, Civ. Code, the seller has no right of election to retake the property and he cannot reserve and have the…
1Opinion of the CourtWhiting, P. J.
Respondent corporation is the manufacturer of a line of farming machinery, and the appellant is a co-partnership engaged in the retail sale of farm machinery at Mil-bank, S. D. The parties entered into a contract, of which the following parts are material to the questions involved herein:
“It is further agreed, by and between the parties hereto, that the title to, and the ownership, of all goods which may' be shipped under the terms of this contract shall remain in and their proceeds (in case of sale) shall be the property of International Harvester Company of America, and subject to the-…
2Cases cited26 opinions
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Smith v. BarberIndiana Supreme Court · 1899
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Shepard v. MillsIllinois Supreme Court · 1898
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
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3Cited by2 opinions
- Hart-Parr Co. v. FinleyNorth Dakota Supreme Court · 1915
- Lyle Culvert & Road Equipment Co. v. J. F. Anderson Lumber Co.South Dakota Supreme Court · 1923