Roberts v. Minneapolis Threshing Machine Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action to recover commissions alleged to be due under a contract of agency. There was a verdict for defendant, and from an order denying a new trial plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action to recover commissions alleged to be due under a contract of agency. There was a verdict for defendant, and from an order denying a new trial plaintiff appeals. The facts are stated in the opinion. In case the contract is uncertain or doubtful in its meaning so that the court is unable to ascertain the intention of the part from an exclusive consideration of its language, extrinsic evidence, showing the negotiations between the parties which led to the making of the contract, their declarations concerning it at the…
1Opinion of the CourtPuller, J.
Plaintiff, a dealer in agriculural implements, brings this action against the defendant, a manufacturer of threshing machinery, to recover certain commissions on sales made by other persons, as damages for an alleged violation of a contract whereby it is claimed that plaintiff became tbe sole agent, with exclusive authority to sell said machinery within the territory mentioned in the complaint. At tbe conclusion of plaintiff’s evidence tbe court directed a verdict for tbe defendant, and this appeal is by tbe plaintiff, from an order overruling a motion for a new trial. ‘
By the terms of tbe…
2Cases cited11 opinions
- McAllister v. C. H. ClementCalifornia Supreme Court · 1888
- Howe Machine Co. v. BrysonSupreme Court of Iowa · 1876
- Waterman v. BoltinghouseCalifornia Supreme Court · 1890
- McCauley v. McKeigMontana Supreme Court · 1889
- D. M. Osborne & Co. v. StringhamSouth Dakota Supreme Court · 1890
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3Cited by4 opinions
- O. A. Olin Co. v. LambachIdaho Supreme Court · 1922
- Hickman v. RichardsonSupreme Court of Kansas · 1914
- Marshall v. Canadian Cordage & Manufacturing Co.Appellate Court of Illinois · 1911
- Swartz v. ParkCourt of Appeals of Texas · 1913