Elliott Supply Co. v. Hanson
South Dakota Supreme Court
Appeal ■ from Circuit Court, • Charles Mix County. Hlon. Robert B. Tripp, Judge. Action by the Elliott Supply Company, a corporation, against E. C. Hanson, to recover purchase price of goods under an alleged contract for sale. From a judgment for -defendant, and from an order denying a new trial, plaintiff appeals. (i) To point one of the opinion, Respondent cited; 35 Cyc. 365- (3) To, point three of the opinion, Appellant cited: Smith v. Williams (N. C.) 4 Am.
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Appeal ■ from Circuit Court, • Charles Mix County. Hlon. Robert B. Tripp, Judge. Action by the Elliott Supply Company, a corporation, against E. C. Hanson, to recover purchase price of goods under an alleged contract for sale. From a judgment for -defendant, and from an order denying a new trial, plaintiff appeals. (i) To point one of the opinion, Respondent cited; 35 Cyc. 365- (3) To, point three of the opinion, Appellant cited: Smith v. Williams (N. C.) 4 Am. Dec. 564; Nutting v. Watson, Wood Bros., and Kelly, 121 N. W. 582, 25 L. R. A. (N. S.) 823; City of Bardwell v. Southern Engine and…
1Opinion of the CourtWhiting, J.
Action to recover the agreed selling and purchase price of certain silverware under the terms of a written agreement to sell and purchase same. Trial to court without jury. Findings, conclusions, and judgment for defendant. From such, judgment and an order refusing- a new trial this appeal was taken.
The trial court found that the agreed' sale was by sample; that the samples exhibited were of two lines of silverware and were all of high grade and good quality; that plaintiff shipped the goods to defendant; that defendant, after examination, refused to accept same, and returned them to…
2Cases cited4 opinions
- Elgin Jewelry Co. v. Estes & DozierSupreme Court of Georgia · 1905
- Elliott Supply Co. v. GreenNorth Dakota Supreme Court · 1917
- Keeler v. Paulos Manufacturing Co.Court of Appeals of Texas · 1906
- National Engraving Co. v. Queen City LaundryNebraska Supreme Court · 1912
3Cited by1 opinion
- McGraw Tire & Rubber Co. v. BartonSouth Dakota Supreme Court · 1927