Slinger v. Totten
South Dakota Supreme Court
Appeal from 'Circuit Court, 'Clay County. Hon. Robert B. ’Tripp, Judge. Action toy Albert Slinger, against S. M. Totten, 'doing business as The Totten’s Vermillion Seed House, to recover damages for alleged, breach of' warranty in a sale of seed corn. From an order overruling a demurrer to the complaint, defendant appeals. Under point one of the opinion, Respondent submitted that: The catalogue does not require the respondent to test the seed corn.
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Appeal from 'Circuit Court, 'Clay County. Hon. Robert B. ’Tripp, Judge. Action toy Albert Slinger, against S. M. Totten, 'doing business as The Totten’s Vermillion Seed House, to recover damages for alleged, breach of' warranty in a sale of seed corn. From an order overruling a demurrer to the complaint, defendant appeals. Under point one of the opinion, Respondent submitted that: The catalogue does not require the respondent to test the seed corn. Vendor’s advise may have been good, but it is not binding on the customer. That there is an express warranty as to the quality, kind and fitness…
1Opinion of the CourtPorrey, J.
[1] This action was brought by plaintiff to recover damages for alleged breach of warranty of a quantity of seed corn s-ol-d to plaintiff by -defendant. Plaintiff ordered- the seed corn, by mail and without inspection, -from a catalogue issued by defendant, and whatever -warranty was made by defendant is found in said- catalogue. The portion of 'said catalogue claimed to constitute said warranty is as follows::
“* * * My seeds are all good, and I want every'purchaser to- -know as near as possible just what 'he will get when he sends in his order. * * * All seed's are thoroughly tested. The…
2Cases cited1 opinion
- Sheafe v. ZastrowSouth Dakota Supreme Court · 1912