Isbell v. Whalen
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by J. H. Isbell against Michael Whalen. Erom a judgment for plaintiff -and an order denying a new trial, defendant appeals.
1Opinion of the CourtHaney, J.
This is an action to recover for sand sold to the defendant by the plaintiff at the agreed price of $1.20 per load. Defendant admitted the delivery of 48 loads at the agreed price, but alleges payment of all except four loads, amounting to $5, for which sum and costs he offered to have judgment entered. The cause was commenced before a justice of the peace, appealed to the circuit court, and there tried de novo.. A verdict *446in favor of the plaintiff for $61 having been rendered, judgment entered thereon, and defendant's application- for a new trial denied, this appeal was taken from the…
2Cited by1 opinion
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