Purcell v. International Harvester Co. of America
South Dakota Supreme Court
Appeal from Circuit Go-ur-t, Codington 'County. Hon. Cart,. G. ShERwood, Judge. Action by Sam Purcell, against the International Harvester ■Company of America, a corporation, for cancellation of purchase money notes and for rescission of a contract of saile of an. .engine purchased from dafemdanlt; defendant counterclaiming upon the notes. From a judgment for defendant, and from, an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Go-ur-t, Codington 'County. Hon. Cart,. G. ShERwood, Judge. Action by Sam Purcell, against the International Harvester ■Company of America, a corporation, for cancellation of purchase money notes and for rescission of a contract of saile of an. .engine purchased from dafemdanlt; defendant counterclaiming upon the notes. From a judgment for defendant, and from, an order denying a new trial, plaintiff appeals. (i) To point one of the opinion, Appellant cited: Code Civ. Proc. Secs. 244, 313, 23.5-8, 3111; Siweeney v. United Underwriters: Company, 124 N. W. 1107; Johnson v.…
1Opinion of the CourtMcCOY, J.
This action w-a-s brought -on the equity side of the court for the cancellation of two- certain promissory notes for $900 each, given by appelant to respondent as the purchase price of certain farm- machinery sold and delivered by respondent to appellant under a -certain contract of warranty. Plaintiff, the appellant, alleged a breach of- said warranty and fraudulent representations as to ’the quality of said1 machinery :as 'a ground for the rescission of said sale and cancellation of said notes. De-*520fenüant admitted' the warranty, but denied any breach thereof, and pleaded la couriterolaim…
2Cases cited4 opinions
- Brown v. Russell & Co.Indiana Supreme Court · 1886
- Leisch v. BaerSouth Dakota Supreme Court · 1909
- Sweeney v. United Underwriters' Co.South Dakota Supreme Court · 1910
- Northwest Thresher Co. v. MehlhoffSouth Dakota Supreme Court · 1909
3Cited by12 opinions
- Skoglund v. StaabSouth Dakota Supreme Court · 1981
- Clark Implement Co. v. PriebeSouth Dakota Supreme Court · 1928
- First National Bank v. Erling Bros.South Dakota Supreme Court · 1933
- State Bank v. CarltonSouth Dakota Supreme Court · 1921
- Austin Co. v. Tillman Co.Oregon Supreme Court · 1922
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