First National Bank of Watertown v. Somers
South Dakota Supreme Court
Appeal from 'Circuit Court, Codington Ooiunty. Hon. Cart, :G. Sherwood, Judge. Action 'by t'he first National Bank of Watertown, 'against W. J. Somers; to recover upon a promissory note. From a judgment far plaintiff, and from an order 'denying a new -trial, defendant appeals. Appellant cited. McCormick Harvesting Machine Company v. Taylor, (N. D.) 63 N. W. 890.
1Opinion of the CourtWhiting, J.
An 'action on a promissory noté given by . defendant to plaintiff. Defendant pleaded" 'that said note was given in settlement of the .purchase price of á set of plows bought of one A., and that there was a partilcal failure in the consideration for said note, owing ito defects in said plows. Defendant also pleaded, as. a counterclaim, damages which- he-claimed to have suffered owing to a breach of warranty, which he alleged was given by both A. and plaintiff, and which warranted the qualities of said plow and its appliances. Verdict and judgment were for -plaintiff. This appeal is from such…
2Cases cited1 opinion
- McCormick Harvesting Machine Co. v. TaylorNorth Dakota Supreme Court · 1895
3Cited by1 opinion
- Ohio Loan & Discount Co. v. TyarksOhio Supreme Court · 1962