Legal Opinion
Gray v. Gurney Seed & Nursery Co.
South Dakota Supreme Court
Decided December 19, 1933No. File No. 7469PublishedCited by 5 opinions
1Opinion of the CourtRudolph, P. J.
This case was before this court on a demurrer to the complaint. See Gray v. Gurney Seed & Nursery Co., 57 S. D. 280, 231 N. W. 940. Following the decision, upon the demurrer, the complaint was amended and the case tried before a jury. The jury returned a verdict for the defendant, and the plaintiff has appealed.
The complaint, as amended, set forth the statement in the catalogue held in the former opinion to constitute a warranty and alleged in addition to the allegations contained in the original complaint, which are set forth in the prior opinion, the essential averments which were lacking…
2Cases cited14 opinions
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- Murphy v. McGrawMichigan Supreme Court · 1889
- Robertson v. HaltonSupreme Court of North Carolina · 1911
- Freer v. . DentonNew York Court of Appeals · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Farmers Mutual Automobile Insurance v. BechardSouth Dakota Supreme Court · 1963
- A. Belanger & Sons, Inc. v. United States of America for the Use and Benefit of National U. S. Radiator CorporationCourt of Appeals for the First Circuit · 1960
- India Paint and Lacquer Co. v. United Steel Prod. Corp.California Court of Appeal · 1954
- Associated Seed Growers, Inc. v. JohnsonSupreme Court of Arkansas · 1957
- Farmers Mutual Automobile Insurance v. BechardSouth Dakota Supreme Court · 1963