Utley v. Dunning
South Dakota Supreme Court
Appeal for Circuit Court, Minnehaha County. H’on. Joseph W. Jones, Judge. Action by L. C. Utley, against L. T. Dunning, to recover damages under a contract of sale of a stock of merchandise and the good will of a business. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (i.) To point one of the opinion. Appellant cited; Smith v. Detroit & The Goldmin.
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Appeal for Circuit Court, Minnehaha County. H’on. Joseph W. Jones, Judge. Action by L. C. Utley, against L. T. Dunning, to recover damages under a contract of sale of a stock of merchandise and the good will of a business. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (i.) To point one of the opinion. Appellant cited; Smith v. Detroit & The Goldmin. Co., et al., 17 S. D. 413; Sanford v. First National Bank of Belle Plaine et al., 94 la. 680, 63 N. W. 459; Section 1275, Rev. Civ. Code, 1903; Barnes v. Clement, 8 S. D. 421, 66 N. W. 810; Maxwell v.…
1Opinion of the CourtWhiting, J.
Action to recover damages to which plaintiff claims to be entitled' owing- to failure of defendant as vendor to carry out a contract for the sale to- plaintiff of a stock of merchandise and the good will of a business. Trial to the court without a jury. Finding's, conclusions, and judgment for defendant. From the judgment and an order denying a new trial, this appeal was taken.
Plaintiff offered no proof upon which there could have been any finding of actual damages. The only question requiring our attention'relates to the correctness of the construction placed by the trial court upon the…
2Cited by9 opinions
- Dave Gustafson & Co. v. StateSouth Dakota Supreme Court · 1968
- Anderson v. Cactus Heights Country ClubSouth Dakota Supreme Court · 1963
- Walter Motor Truck Co. v. State Ex Rel. Department of TransportationSouth Dakota Supreme Court · 1980
- Russell Miller Milling Co. v. McLeanSouth Dakota Supreme Court · 1925
- Fitzgerald v. City of HuronSouth Dakota Supreme Court · 1924
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