Rust-Owen Lumber Co. v. Wellman
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. H. G. FÍjller, Judge. Action to recover for lumber alleged to have been sold to defendants as partners. Defendants had judgment and plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
The court below directed a verdict for the defendants, and the plaintiff appeals. The action was for lumber alleged to have been sold and delivered to defendants as partners. The defendants claim that the lumber was sold and delivered to the Pierre & Ft. Pierre Pontoon Bridge Company, a corporation, and that the defendants are not liable as individuals or partners. The motion for a direction of a verdict was made upon the following grounds: “The defendants moved the court to instruct the jury to return a verdict in their favor, for the reason that the plaintiff wholly failed to establish a…
2Cases cited2 opinions
- Singer Manuf'g Co. v. PeckSouth Dakota Supreme Court · 1896
- State v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1893
3Cited by3 opinions
- Sogn v. KoetzleSouth Dakota Supreme Court · 1916
- Pokela v. Red Owl Stores, Inc. (In Re Dakota Country Store Foods, Inc.)United States Bankruptcy Court, D. South Dakota · 1989
- Schubloom v. DONAVON AND ASSOCIATES, INC.South Dakota Supreme Court · 1976