Legal Opinion

Sheafe v. Zastrow

South Dakota Supreme Court

Decided October 25, 1912PublishedCited by 2 opinions

Appeal front Circuit Court, Day County. Hon. Frank Mc-Nurty, Judge. Action by M. W. S'heafe against August Zastr-o-w, to recover ■balance of purchase price of a heating plant. From a judgment for plaintiff and- an order denying a new trial, defendant appeals.

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Appeal front Circuit Court, Day County. Hon. Frank Mc-Nurty, Judge. Action by M. W. S'heafe against August Zastr-o-w, to recover ■balance of purchase price of a heating plant. From a judgment for plaintiff and- an order denying a new trial, defendant appeals. Under the terms of Exhibit A, the contract of -purchase, it is expressly warranted and agreed that all work is to be done in a workmanlike manner and that -material used is not defective and that' the furnace is to be of sufficient size to heat the lower floor to a temperature of 70 degrees and the upper floor to a temperature of 60…

1Opinion of the CourtSmith, J.

This is an appeal by defendant from a directed verdict in favor of plaintiff, and from an order denying a new trial. The complaint alleges, in substance: That the defendant requested the plaintiff to install a certain heating plant in the defendant’s house -in the town of Waubay. That, upon such request, the plaintiff did the work and furnished the material as agreed, and that the heating plant was of the reasonable value of $320. That the defendant has paid $150 upon the purchase price of the same, and demands recovery of the balance due upon the purchase price.

The contract under which the…

2Cases cited3 opinions

  1. Massillon Engine & Thresher Co. v. ShirmerSupreme Court of Iowa · 1904
  2. McConnell v. LewisNebraska Supreme Court · 1899
  3. Acme Harvesting Machine Co. v. BarkleySouth Dakota Supreme Court · 1908

3Cited by2 opinions

  1. Miller v. MartySouth Dakota Supreme Court · 1943
  2. Slinger v. TottenSouth Dakota Supreme Court · 1917

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