Colton v. Decker
South Dakota Supreme Court
1Opinion of the Court
KONENKAMP, Justice.
After his truck was seized by law enforcement officials for having multiple serial numbers the owner sued and recovered damages from the seller. Both parties appeal. We affirm the breach of warranty of title but reverse and remand a portion of the damages award.
FACTS
Lee Decker, an over-the-road trucker, purchased a repossessed 1975 Peterbilt truck, Model 359, from a Minnesota bank in 1984. The truck’s history is not completely known, but its rails or frame had apparently been extended from its original length to accommodate a double sleeper and it had also been wrecked at…
Also in this document: Concurrence.
2Cases cited25 opinions
- Stormo v. StrongSouth Dakota Supreme Court · 1991
- Weaver v. BoortzSouth Dakota Supreme Court · 1981
- Petroleo Brasileiro, SA, Petro. v. Ameropan Oil Corp.District Court, E.D. New York · 1974
- Gerwin v. Southeastern California Ass'n of Seventh Day AdventistsCalifornia Court of Appeal · 1971
- Amer. Container Corp. v. Hanley Trucking Corp.New Jersey Superior Court Appellate Division · 1970
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3Cited by13 opinions
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- Brown v. HansonSouth Dakota Supreme Court · 2011
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