Northwest Thresher Co. v. Mehlhoff
South Dakota Supreme Court
Appeal from Circuit Court, McPherson County. Hon. Ryman T. Boucher, Judge. Action by the Northwest Thresher Company against John M-elilhoff and others. From a judgment for defendants and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtWhiting, J.
This action was brought in the circuit court by the plaintiff and appellant, manufacturers of threshing machines, against the defendants and respondents, purchasers of a threshing ‘Outfit, to recover on two of three notes given to plaintiff by defendants; the third note not being due at the time of suit. The complaint was in ordinary form of complaint to recover on notes. The answer admitted the execution, delivery, and nonpayment of the notes, and then alleges that such notes 'were given in part payment of threshing rig, and alleges an express warranty as to such rig, that there was a breach…
2Cases cited13 opinions
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Young & Conant Manufacturing Co. v. WakefieldMassachusetts Supreme Judicial Court · 1876
- Nichols & Shepard Co. v. WiedemannSupreme Court of Minnesota · 1898
- Davis' Sons v. RobinsonSupreme Court of Iowa · 1885
- Gridley v. MyersSupreme Court of Minnesota · 1898
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3Cited by4 opinions
- Purcell v. International Harvester Co. of AmericaSouth Dakota Supreme Court · 1916
- Clark Implement Co. v. PriebeSouth Dakota Supreme Court · 1928
- J. I. Case Threshing Mach. Co. v. GidleySouth Dakota Supreme Court · 1911
- Reeves v. BrockSouth Dakota Supreme Court · 1913