Reeves v. Brock
South Dakota Supreme Court
Appeal from' Circuit Coupt, Day County. Hjon. Frank McNulty, Judge. Action by Reeves & Company against John J. Block and another upon notes given in part payment for threshing machinery purchased under a warranty, by 'defendants of plaintiff. Plaintiff counterclaimed for value of property given in part payment under the purchase. From a judgment for defendants and an order denying a new trial, plaintiff /appeals.
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Appeal from' Circuit Coupt, Day County. Hjon. Frank McNulty, Judge. Action by Reeves & Company against John J. Block and another upon notes given in part payment for threshing machinery purchased under a warranty, by 'defendants of plaintiff. Plaintiff counterclaimed for value of property given in part payment under the purchase. From a judgment for defendants and an order denying a new trial, plaintiff /appeals. It is true that the mailing of a letter properly addressed and with postage prepaid raises the presumption that in due course it was received by the addressee, but it is equally true…
1Opinion of the CourtGates, J.
Appellant, a nonresident corporation, sold to respondents a threshing machine outfit, consisting of a separator, stacker, band cutter and feeder, weigher with cross conveyor and some rubber belt. The several items were priced in the written order as follows: Separator, $580; stacker, $250; band cutter and feeder, $210; weigher and conveyor, $75; belt, $82 — making a total of $1,197. As- part of the purchase price appellant accepted an -old separator at $182, and there was. a reduction in the agent’s commission of $105, leaving a balance due on the contract of $910. For this sum' appellant…
2Cases cited5 opinions
- Nichols & Shepard Co. v. WiedemannSupreme Court of Minnesota · 1898
- Gridley v. MyersSupreme Court of Minnesota · 1898
- McConnell v. SpickerSouth Dakota Supreme Court · 1901
- Westbrook v. Reeves & Co.Supreme Court of Iowa · 1907
- Northwest Thresher Co. v. MehlhoffSouth Dakota Supreme Court · 1909
3Cited by3 opinions
- Orenstein v. KahnSupreme Court of Delaware · 1922
- Raymond v. BarnardSouth Dakota Supreme Court · 1947
- Holland Furnace Co. v. JoyColumbiana County Court of Common Pleas · 1934