Hepner v. Wheatley
South Dakota Supreme Court
Appeal from Circuit Court, Mirier County. Hon. Ai,va E. TayloR, Judge. Action by John S. Iiepner against 'Grant Wheatley, to recover for goods furnished by plaintiff to defendant’s sons, but sold to defendant. Judgment for plaintiff, and from an order denying defendant’s motion for a new trial, lie appeals.
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Appeal from Circuit Court, Mirier County. Hon. Ai,va E. TayloR, Judge. Action by John S. Iiepner against 'Grant Wheatley, to recover for goods furnished by plaintiff to defendant’s sons, but sold to defendant. Judgment for plaintiff, and from an order denying defendant’s motion for a new trial, lie appeals. (2) Under point two of the opinion, Appellant cited: Abbott’s Civil Trial Brief, p. 749; Carrer v. Detroit Company, 43 N. W. 370 (Mich.).' Respondent cited: Atlas Lumber & Coal Co. v. Flint,- 20 S. D. 118.
1Opinion of the CourtPo'Lley, J.
It appears from the record in this case that plaintiff, J. S. H-epner, is the owner of a general store at Vilas *339His son, W. -S-. Hepner, is in charge of such store as manager, and this action is for the recovery of the balance claimed to be due from the defendant for groceries sold and delivered to defendant’s son, John Wheatley, by said W. S-. Hepner and other employees in the said store. Defendant was a resident of the state of Nebraska, and made only occasional visits to his sons, John and Will Wheatley, who lived in Miner county; and no part of the goods constituting the account sued upon…
2Cases cited8 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- In re the Estate of DoyleCalifornia Supreme Court · 1887
- Martin v. MatfieldCalifornia Supreme Court · 1874
- Spanagel v. DellingerCalifornia Supreme Court · 1869
- Wood v. DodgeSouth Dakota Supreme Court · 1909
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3Cited by5 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- McAdam v. VallenthimeSouth Dakota Supreme Court · 1918
- Hansen v. G.G.F. Holdings, Inc.South Dakota Supreme Court · 1985
- First Nat. Bank v. HammerSouth Dakota Supreme Court · 1928
- Hepner v. WheatleySouth Dakota Supreme Court · 1916