Legal Opinion

Peter v. Plano Mfg. Co.

South Dakota Supreme Court

Decided February 13, 1907PublishedCited by 5 opinions

Appeal from Circuit Court, Spink County. Hon. Chas. ' S. Wi-iiting, Judge. Action by William Peter and another against the Plano Manufacturing Company. From a judgment for plaintiffs, defendant appeals.

1Opinion of the CourtFuller, P. J.

On the 19th day of August, 1901, respondents purchased'a corn husking and shredding machine manufactured by the appellant corporation, and this action was instituted to rescind such sale for a breach of the following warranty: “No person has any authority to add to, abridge, or change this warranty in any manner, and to do so will render it void and of no effect. The Plano husker and shredder is warranted to be of good material and workmanship, and, when properly adjusted and properly operated, to do good work. It shall be the duty of the purchaser to see that the machine is properly adjusted…

2Cases cited1 opinion

  1. First National Bank v. DutcherSupreme Court of Iowa · 1905

3Cited by5 opinions

  1. Breeden v. Ætna Life InsuranceSouth Dakota Supreme Court · 1909
  2. Acme Harvesting Machine Co. v. BarkleySouth Dakota Supreme Court · 1908
  3. Northwest Thresher Co. v. MehlhoffSouth Dakota Supreme Court · 1909
  4. Leroy v. HagenNorth Dakota Supreme Court · 1919
  5. Aultman Engine & Thresher Co. v. BoydSouth Dakota Supreme Court · 1907

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