Legal Opinion

Omaha Rubber Shoe Co. v. Lead-Terry Mercantile Co.

South Dakota Supreme Court

Decided March 1, 1910Published

Appeal from Circuit Court, Lawrence County. Hon. W. G. Riot, Judge. Action -by the Omaha Rubber Shoe Company against the Lead-Teny Mercantile Company. From a judgment for plaintiff and an order dembng a new trial, defendant appeals.

1Opinion of the CourtCorson, J.

This is an appeal by the defendant from a judgment in favor of the plaintiff and order denying defendant’s motion for a new trial. The action was instituted -by the plaintiff, a corporation, to recover of the defendant, a corporation, a balance claimed to be due on account, for goods, wares, and merchandise sold and delivered by the plaintiff to the defendant. The answer is a general denial.

It is stated in appellant’s brief that “the appeal is from the judgment and order, on the ground that the evidence is insufficient to justify the decision and judgment.” The respondent by an additional…

2Cases cited3 opinions

  1. Hodges v. BierleinSouth Dakota Supreme Court · 1893
  2. Grigsby v. WolvenSouth Dakota Supreme Court · 1906
  3. Sutterfield v. MagowanSouth Dakota Supreme Court · 1899

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