Sioux Falls Adjustment Co. v. Aikens
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JoNEs, Judge. Action by the 'Sioux Falls Adjustment Company against Frank R. Aikens, to recover for a balance alleged to be due under a conditional contract of sale of personalty. 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 the 'Sioux Falls Adjustment Company against Frank R. Aikens, to recover for a balance alleged to be due under a conditional contract of sale of personalty. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. As applied to the completion of contracts, there should be no acceptance of the Encyclopaedia of Evidence previous to the time of the delivery or offer of delivery of all of the books. In this case, there is no evidence that the series was complete in fourteen volumes.…
1Opinion of the CourtMcCOY, J.
In this case it appears that appellant agreed to purchase and pay for certain books at the agreed price of $6 per volume, to be thereafter delivered, and such payment to be made on delivery, and which contract contained the provision that title to said books should remain in the seller until paid for. It also appears that 12 of said hooks were delivered to and accepted by appellant, and that four thereof were paid for, and that no payment was ever made on the remaining eight. Respondent as the assignee of the original seller brought this suit to recover the purchase price of the books for…
2Cases cited4 opinions
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- McCormick Harvesting Machine Co. v. BalfanySupreme Court of Minnesota · 1899
- Dowagiac Mfg. Co. v. White Rock Lumber & Hardware Co.South Dakota Supreme Court · 1904
- Dowagiac Mfg. Co. v. White Rock Lumber & Hardware Co.South Dakota Supreme Court · 1910
3Cited by3 opinions
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- American Law Book Co. v. LaterIdaho Supreme Court · 1927
- Francis v. BohartOregon Supreme Court · 1914