Northwestern Port Huron Co. v. Zickrick
South Dakota Supreme Court
Appeal from 'Circuit Court, Miner County. Hon. Auva E. TayuoR, Judge. Action by the Northwestern Port Huron Company against H. W.' Zickrick, to recover for an alleged balance due on sale of threshing machinery by plaintiff to defendant, who counterclaimed for alleged commissions on agency sales of machinery.
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Appeal from 'Circuit Court, Miner County. Hon. Auva E. TayuoR, Judge. Action by the Northwestern Port Huron Company against H. W.' Zickrick, to recover for an alleged balance due on sale of threshing machinery by plaintiff to defendant, who counterclaimed for alleged commissions on agency sales of machinery. From a judgment for defendant on the counterclaims, and from an order denying a -new trial, and from an order made on motion for new trial, reducing the amount of defendant’s recovery, plaintiff appeals. The court should not ’have allowed that part of the counterclaim covering expense of…
1Opinion of the CourtSmith, J.
Appeal from the circuit court of Miner county. The complaint alleges two distinct causes of action, the second of which <was withdrawn at the trial and need not be noticed. The first cause of action was for the recovery of a balance of $526.50, with interest alleged to be due on the purchase price of certain threshing machinery. The answer admits plaintiff’s first cause of action, but sets up two separate and distinct causes of action by way of counterclaim against the plaintiff. The issues were tried to a jury and a verdict returned in favor of defendant upon both counterclaims, in the sum…
2Cases cited5 opinions
- Murray v. LeonardSouth Dakota Supreme Court · 1898
- Sherman v. Port Huron Engine & Thresher Co.South Dakota Supreme Court · 1900
- Doyle v. EdwardsSouth Dakota Supreme Court · 1902
- Mosteller v. HolbornSouth Dakota Supreme Court · 1906
- Hanson v. HendersonSouth Dakota Supreme Court · 1906
3Cited by2 opinions
- HW Kastor & Sons Adv. Co. v. Grove LaboratoriesDistrict Court, E.D. Missouri · 1945
- Plant Lipford, Inc. v. E. W. Gates & Son Co.Supreme Court of Virginia · 1925