Sprick Bros. Investment Co. v. Whipple
South Dakota Supreme Court
Appeal from Circuit Court, Aurora County. Hon. Frank B. Smith, Judge. Action by the Spriele Brothers- Investment Company against -J. D. Whipple, to 'recover for goods furnished to a third person ■on defendant’s alleged promise to pay for ’them. From a judgment for defendant entered upon a directed verdict, plaintiff appeals. A verdict should not be directed except where the .evidence is so conclusive that reasonable minds could not -differ as to the result to be reached.
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Appeal from Circuit Court, Aurora County. Hon. Frank B. Smith, Judge. Action by the Spriele Brothers- Investment Company against -J. D. Whipple, to 'recover for goods furnished to a third person ■on defendant’s alleged promise to pay for ’them. From a judgment for defendant entered upon a directed verdict, plaintiff appeals. A verdict should not be directed except where the .evidence is so conclusive that reasonable minds could not -differ as to the result to be reached. Eggland v. South 22 S. D. 467. When the contract is originally made with the .party sought to be -charged, -and the -party…
1Opinion of the CourtSmith, P. J.
The complaint alleges “that on or about March 4, 1911, defendant requested- this plaintiff to deliver to one J. E. Sturgeon,, all the goods, groceries, and merchandise that the said Sturgeon should wish and need, from time to time, and that the defendant promised to pay for all goods so delivered to the said Sturgeonthat in consideration of defendant’s promise, ' plaintiff delivered to said Sturgeon, between January 6, 1911, and' October 13, 1911, goods, groceries, and merchandise amounting to the sum of $308.16, and that defendant has refused to -pay there*290for. There was a jury trial, and at…
2Cases cited1 opinion
- Wood v. DodgeSouth Dakota Supreme Court · 1909
3Cited by6 opinions
- Langdon v. ReuppelSouth Dakota Supreme Court · 1965
- Hall v. HallSouth Dakota Supreme Court · 1935
- Cargill, Inc. v. American Pork Producers, Inc.District Court, D. South Dakota · 1977
- Hepner v. WheatleySouth Dakota Supreme Court · 1914
- McAdam v. VallenthimeSouth Dakota Supreme Court · 1918
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