Sullivan v. Lyons
South Dakota Supreme Court
Appeal .from County -Court of Spink County. Hon. Alva E. Taylor, Judge. Action by Malvina Sullivan against B. F, Lyons and another, co-partners as Lyons Brothers. From a judgment for plaintiff and an -order denying a new trial, defendants appeal. The defendants were, as a matter of course, entitled to these instructions.
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Appeal .from County -Court of Spink County. Hon. Alva E. Taylor, Judge. Action by Malvina Sullivan against B. F, Lyons and another, co-partners as Lyons Brothers. From a judgment for plaintiff and an -order denying a new trial, defendants appeal. The defendants were, as a matter of course, entitled to these instructions. If the jury should find from the evidence that whatever light the ¡plaintiff may have had in this auto at the time defendants received the same, arid if they received samé from Dr. Sullivan, her husband, and she acquiesced in the transaction, she cannot recover. . . The…
1Opinion of the CourtWhiting, J.
The nature of this action and the claims of the respective parties are well set forth in the following, which was given by -the court as its opening statement when instructing the jury: “The plaintiff, Malvina Sullivan, brings this action to recover of the defendants, Lyons Bros., $525, with 7 per cent, interest from June 3, 1911, for one Maxwell automobile. She claims that on June 3, 1911, she was the owner of this automobile, that defendants agreed to purchase this automobile of plaintiff for $525, and plaintiff agreed to deliver the automobile to< defendants for that sum; that she…
2Cases cited3 opinions
- Morris v. PlattSupreme Court of Connecticut · 1864
- Parliman v. YoungSupreme Court Of The Territory Of Dakota · 1879
- Gorman v. CampbellSupreme Court of Georgia · 1853
3Cited by4 opinions
- Stammerjohan v. SimsSouth Dakota Supreme Court · 1948
- Kriens v. McMillanSouth Dakota Supreme Court · 1919
- Polluck v. Minneapolis & St. Louis RailroadSouth Dakota Supreme Court · 1922
- Barker v. CoatsSouth Dakota Supreme Court · 1914