Brookota, Inc. v. Autry

ZASTROW, Justice.

The plaintiff, Brookota, Inc., appeals from a judgment of the trial court in favor of the defendant Dr. R. D. Autry, which cancelled the contract between the parties. We reverse the trial court’s judgment that the contract had been avoided.

FACTS

The plaintiff, a South Dakota corporation with its principal office located in Brook-ings, South Dakota, is engaged in the marketing of agricultural products, mainly cattle spray gates. The defendant is a veterinarian practicing in Highmore, South Dakota. In addition to his practice, defendant sells at retail certain farm merchandise.

On…