Mair v. Williams
South Dakota Supreme Court
Appeal from Circuit Court, Brookings County. Hon. Gborgií H. Marquis, Judge. Action by Thorrias A. Mair and another against E. H. Williams to recover for a balance of account for merchandise, including a heating apparatus. From a judgment for plaintiffs, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Brookings County. Hon. Gborgií H. Marquis, Judge. Action by Thorrias A. Mair and another against E. H. Williams to recover for a balance of account for merchandise, including a heating apparatus. From a judgment for plaintiffs, and from an order denying a new trial, defendant appeals. “In an action for breach of warranty in the sale of a traction engine, consisting of alleged defective flues, plaintiff’s measure of damages was the difference between the value of the machine as it was when delivered and its value had it been as warranted. Cavanagh v. Stevens, (S. D.)…
1Opinion of the CourtMcCOY, P. J.
Plaintiffs brought this action to recover a balance of $232.30 alleged to be due upon a certain account for hardware, plumbing, and heating apparatus sold to and installed for defendant. Defendant answered alleging that the said heating-apparatus was warranted by plaintiff to be of good quality and workmanship and that the same would heat the home of defendant in a good and sufficient manner; that defendant purchased said heating plant relying upon said warranty; that said heating plant failed to comply with said warranty, and would not heat said house as warranted, whereby defendant was…
2Cited by1 opinion
- Hunt v. AllisonWashington Supreme Court · 1913