Loisseau v. Gates
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Josiípii W. Joints, Judge. ' Action by A. A. Roisseau against H. N. Gates and another, for damages for breach of warranty on sale of a 'stallion. From a judgment for plaintiff and an order denying a- new trial, defendants appeal. In the following cases, and many others, you have commented on the meaning of section 1239, Civ. Code: Anderson v. Mat-heny, 95 N. W. 911; Schriner v. Dickinson, 107 N. W. 536; Bowén v. Rife Ins.
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Appeal from Circuit Court, Minnehaha County. Hon. Josiípii W. Joints, Judge. ' Action by A. A. Roisseau against H. N. Gates and another, for damages for breach of warranty on sale of a 'stallion. From a judgment for plaintiff and an order denying a- new trial, defendants appeal. In the following cases, and many others, you have commented on the meaning of section 1239, Civ. Code: Anderson v. Mat-heny, 95 N. W. 911; Schriner v. Dickinson, 107 N. W. 536; Bowén v. Rife Ins. Co., 104 N. W. 1040; Schmitz v. Mining Co., 8 S. D. 544; Strunk v. Smith, 8 S. D. 407. On further examination plaintiff…
1Opinion of the CourtPoudey, J.
TKíb case is before the court on appeal by the defendants from a judgment for a breach of warranty of the breeding qualities of a Perdieron stallion, sold plaintiff by defendants. The negotiations leading up to the sale took place at three several meetings of plaintiff and one of the defendants, during the month of April, 1909. The purchase price was paid in cash by plaintiff before taking the horse. Nothing was said about any written contract or bill of sale until the deal had been closed and the purchase price paid. After receiving the purchase price, defendants made out and handed…
2Cases cited9 opinions
- Park v. Richardson & Boynton Co.Wisconsin Supreme Court · 1892
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- James H. Love & Co. v. RossSupreme Court of Iowa · 1893
- Fitzpatrick v. D. M. Osborne & Co.Supreme Court of Minnesota · 1892
- McCabe v. DesnoyersSouth Dakota Supreme Court · 1906
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3Cited by3 opinions
- Dold v. SherowSupreme Court of Kansas · 1976
- Pratt-Low Preserving Co. v. EvansCalifornia Court of Appeal · 1921
- Cooper v. RagsdaleSupreme Court of Kansas · 1915