Legal Opinion

Gilger v. Montgomery Lumber Co.

South Dakota Supreme Court

Decided April 9, 1951No. File 9157PublishedCited by 8 opinions

1Opinion of the CourtRudolph, P.J.

Plaintiff recovered judgment against defendants for damages for breach of warranty. Defendants have appealed. We have concluded the judgment should be affirmed.

The trial court submitted the case to the jury under instructions to which no exceptions were taken. The alleged errors upon which appellants rely relate to the refusal of the trial court to direct a verdict and certain rulings relating to the admission and rejection of evidence. The motion for a directed verdict was based upon three principal grounds all of which questioned the sufficiency of the evidence, and which will be referred…

2Cases cited2 opinions

  1. Hirning v. ForsbergSouth Dakota Supreme Court · 1925
  2. New York Life Ins. Co. v. HydeSouth Dakota Supreme Court · 1942

3Cited by8 opinions

  1. Moosbrugger v. McGraw-Edison CompanySupreme Court of Minnesota · 1969
  2. Carlson v. RysavySouth Dakota Supreme Court · 1978
  3. Ternes v. Farmers Union Central ExchangeNorth Dakota Supreme Court · 1966
  4. Voegele v. TschirleySouth Dakota Supreme Court · 1957
  5. Adler v. United StatesCourt of Appeals for the Eighth Circuit · 1959

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