Fountain City Drill Co. v. Lindquist
South Dakota Supreme Court
Action by the Fountain City Drill Company against A. W. Lindquist. Judgment for defendant, and plaintiff appeals. Appeal from Circuit Court, Roberts County. Hon. J. H. McCoy, Judge.
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Action by the Fountain City Drill Company against A. W. Lindquist. Judgment for defendant, and plaintiff appeals. Appeal from Circuit Court, Roberts County. Hon. J. H. McCoy, Judge. The word "about” would authorize a shipment to be made on February ist or within a reasonable time thereafter, 6 Current Law, 1336. Where goods were to be delivered to defend ants at such place as he should require and plaintiffs notified defendants that the goods were ready and offered to deliver them at a place to be designated by defendants who' refused to re-ceve 'them. Held, that this was tanamount to a…
1Opinion of the CourtFuller, J.
Appellant, a foreign corporation whose principal place of business is LaCrosse, Wi's., brought this action in the circuit court of Roberts county to recover damages aris*9ing from the alleged breach of a written contract, entered into with respondent on the 30th day of September, 1902, for the sale .of two four-horse Fountain City Grain Drills at $80 each, to be 'shipped to- Wilmot, in' this state, “on or about Febuary 1, 1903, in a mixed car/’ At the conclusion of all the evidence offered in support of the complaint, the trial court directed a verdict in favor of respondent, and this appeal is…
2Cases cited7 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Tobias v. . LissbergerNew York Court of Appeals · 1887
- Berg v. San Antonio Street Railway Co.Court of Appeals of Texas · 1897
- Arthur v. WrightNew York Supreme Court · 1890
- Redlands Orange Growers Ass'n v. GormanMissouri Court of Appeals · 1898
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3Cited by3 opinions
- Sunshine Cloak & Suit Co. v. Roquette Bros.North Dakota Supreme Court · 1915
- Howard & Foster Co. v. CumminsWisconsin Supreme Court · 1923
- Farmers' Loan & Trust Co. v. De MoulinSouth Dakota Supreme Court · 1923