Legal Opinion

Robbins Co. v. Cook

South Dakota Supreme Court

Decided June 25, 1919No. File No. 4466PublishedCited by 3 opinions

Appeal from ’Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Action by the Rolbbins Company, a corporation, against W. C. Cook and others, to recover the price of merchandise sold by plaintiff to defendants. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (i); To point one of the opinion, Appellants cited: Miller v. Ford (.S C.) 5.5 Am. Dec. 687-691; McCurdy v. Rogers (Wis.) 91 Am.

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Appeal from ’Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Action by the Rolbbins Company, a corporation, against W. C. Cook and others, to recover the price of merchandise sold by plaintiff to defendants. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (i); To point one of the opinion, Appellants cited: Miller v. Ford (.S C.) 5.5 Am. Dec. 687-691; McCurdy v. Rogers (Wis.) 91 Am. Dec. 468-470; Thilmany v. Iowa Paper Co. (Ia.) 79 N,. W. 261; McCabe v.. Goodfellow (N. Y.) 17 L. R. A. 204; Codding v. Munson (’Neb.) 72 N. W. 846. Respondent…

1Opinion of the CourtWhiting, J.

Action brought to recover the agreed selling price of certain goods, wares, and merchandise alleged to have been sold by plaintiff to defendants. At the close of the trial, both parties moved for a directed verdict, the trial court withdrew the case from' the jury, entered findings of fact and conclusions, and rendered judgment thereon in favor of plaintiff. From such judgment and an order denying a new, trial the defendants have appealed.

The following facts found by the trial court are absolutely undisputed: The defendants voluntarily associated themselves together under the name and style…

2Cases cited9 opinions

  1. Heath v. GoslinSupreme Court of Missouri · 1883
  2. Burton v. Grand Rapids School Furniture Co.Court of Appeals of Texas · 1895
  3. Clark v. O'RourkeMichigan Supreme Court · 1896
  4. Evans v. Lilly & Co.Mississippi Supreme Court · 1909
  5. Willcox v. ArnoldMassachusetts Supreme Judicial Court · 1895

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3Cited by3 opinions

  1. Karl Rove & Company v. Richard Thornburgh, Richard Thornburgh, Cross-Appellee, and Raymond P. Dimuzio, Defendant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1994
  2. Harrill v. PennSupreme Court of Oklahoma · 1927
  3. Idaho Apple Growers' Assn. v. BrownIdaho Supreme Court · 1930

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