International Harvester Co. of America v. Pott
South Dakota Supreme Court
Appeal from Circuit Court, Grant County. Hon. FRANie McNulty, Judge. Action by the International Harvester Company of America against Nick Pott, Peter Pott, Joseph Pott, and N. M. Pott, co-partners as N. Pott & Sons, to recover upon a promissory note given by defendants to plaintiff for part of purchase price of personalty sold to them by plaintiff under an alleged conditional sale. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal.
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Appeal from Circuit Court, Grant County. Hon. FRANie McNulty, Judge. Action by the International Harvester Company of America against Nick Pott, Peter Pott, Joseph Pott, and N. M. Pott, co-partners as N. Pott & Sons, to recover upon a promissory note given by defendants to plaintiff for part of purchase price of personalty sold to them by plaintiff under an alleged conditional sale. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Under section 2303, Civ. Code, the seller has no right of election to retake the property and he cannot reserve and have the…
1ConcurrenceSmith, J.
I concur in the conclusion reached by Justice WHITING. I am inclined to think, however, that if the views of the court in Dowagiac Mfg. Co. v. White Rock Lumber Co., 26 S. D. 374, 128 N. W. 334, were not fully stated, the opinion in this case is based upon the same inaccuracy, namely, that the provision of the contract referred to is construed as a conditional sale, and not as security for payment of the purchase price. In this, as in the former case, counsel on both sides have conceded and argued the case on the assumption that the contract constituted a conditional sale, and that liability…
2Cases cited2 opinions
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Dowagiac Mfg. Co. v. White Rock Lumber & Hardware Co.South Dakota Supreme Court · 1910