McCaull-Webster Elevator Co. v. Steele Bros.
South Dakota Supreme Court
'Appeal from Circuit 'Court, Clay County. Hon. Robert B. Tripp, Judge. Action by McCaull-Webster Elevator Company, a corporation, against Lee A. Steele and J. W. 'Steele, co-partners as’iSteele Brothers, to recover damages for failure to deliver corn sold by defendants to plaintiff. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.
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'Appeal from Circuit 'Court, Clay County. Hon. Robert B. Tripp, Judge. Action by McCaull-Webster Elevator Company, a corporation, against Lee A. Steele and J. W. 'Steele, co-partners as’iSteele Brothers, to recover damages for failure to deliver corn sold by defendants to plaintiff. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (i) To point one of the opinion, Appellant cited: Anderson v. May, 50 Minn., 288, 52 N. W. 530; 35 Cyc. 61; Elliott on Contracts, 'Sec. 106; 'Newell v. New Holstein Canning Company, 119 AYis. 635, 97 N. W. 487; 7 Am. and Eng.…
1Opinion of the CourtWhiting, J.
Plaintiff and defendants entered into a writ*487ten contract whereby defendants contracted to sell and plaintiff to buy, at a certain agreed price, “5,000 bu. of good sound, dry and merchantable corn to grade 3Y, * * * said grain being now in my possession.” “3Y” -meant No. 3 yellow corn. This corn was not delivered, and the market price of “3Y” corn being much above the agreed price at the time delivery should have been made under the contract, plaintiff sought a judgment in damages for the difference between such agreed and market prices. From a judgment for defendants and from an order denying…
2Cases cited4 opinions
- Virginia Iron, Coal & Coke Co. v. GrahamSupreme Court of Virginia · 1919
- Ontario Deciduous Fruit Growers' Ass'n v. Cutting Fruit Packing Co.California Supreme Court · 1901
- Muhlenberg v. HenningSupreme Court of Pennsylvania · 1887
- St. Louis Southwestern Railway Co. v. JohnstonCourt of Appeals of Texas · 1910
3Cited by5 opinions
- Unke v. ThorpeSouth Dakota Supreme Court · 1953
- Renner Elevator Co. v. SchuerSouth Dakota Supreme Court · 1978
- Anderson v. Cliff Gold Mining Co.Wyoming Supreme Court · 1934
- Renner Elevator Co. v. SchuerSouth Dakota Supreme Court · 1978
- Renner Elevator Co. v. SchuerSouth Dakota Supreme Court · 1978