National Cable & Manufacturing Co. v. Filbert
South Dakota Supreme Court
Appeal from Circuit Court, Grant County. Hon. Frank McNulty, Judge. Action by -the National Cable & Manufacturing Company, a corporation, against W. F. Filbert, for. recovery of purchase price of lightning rod materials sold. From a judgment for plaintiff upon a directed verdict, defendant appeals.
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Appeal from Circuit Court, Grant County. Hon. Frank McNulty, Judge. Action by -the National Cable & Manufacturing Company, a corporation, against W. F. Filbert, for. recovery of purchase price of lightning rod materials sold. From a judgment for plaintiff upon a directed verdict, defendant appeals. In the consideration of this case this court will accept as true all of the evidence of the defendant, and the defendant should be accorded all reasonable inferences arising from the evidence, and the same should be construed most favorably in his behalf. Bohl v. City of Dell Rapids, 15 S. D., 619,…
1Opinion of the CourtPoeeey, J.
This action grew out of a contract entered into between the plaintiff, a corporation doing business at Niles,-Mich., and the defendant, a hardware an-d implement dealer at Twin Brooks, S'. D. The contract was1 entered into on the 18th day of December, 1907, and provided for the sale, by the plaintiff to the defendant, of a quantity of copper -cable and other material and fixtures that enter into the construction an-d equipment of lightning rods. The contract provided for the delivery, by the plaintiff, of th-e goods at the railway station at Niles, Mich. The contract gave the defendant the…
2Cases cited12 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Lester v. . JewettNew York Court of Appeals · 1854
- Dunham v. . MannNew York Court of Appeals · 1853
- Clark v. WeisIllinois Supreme Court · 1877
- Bohl v. City of Dell RapidsSouth Dakota Supreme Court · 1902
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- Detroit Vapor Stove Co. v. J. C. Weeter Lumber Co.Utah Supreme Court · 1923