Stoefen v. Brooks

Plaintiffs brought an action based upon a breach of warranty by the defendants in the sale to plaintiffs of certain farm machinery. Upon issues being joined the case was tried and submitted to a jury. A verdict was returned by the jury in favor of plaintiffs. A motion for new trial was denied, and upon appeal to the Supreme Court the judgment and order appealed from were reversed. For a statement of the facts involved see our former decision in 66 S. D. 587, 287 N. W. 330, 333.

In the closing words of the opinion we held that “there was no evidence from which the' jury could [have found] that…