St. Paul White Lead & Oil Co. v. Tibbetts
South Dakota Supreme Court
Appeal from circuit court, Douglas county. Hon. E. G. Smith, Judge. Action by the St. Paul White Lead & Oil Company against P. M. Tibbetts and'another to recover a balance alleged to /be due for goods sold and delivered. Prom a judgment in favor of plaintiff, defendants appeal.
1Opinion of the CourtFuller, P. J.
Plaintiff, a manufacturer of paints and oils, brought this action against P. M. Tibbetts, as principal and H. W.'Johnson as guarantor to recover a balance of $35.-42 due on account of paints purchased for the purpose of retail trade; and a breach of warranty-resulting in damages to the amount of §35.42, at least, was the only defense pleaded and relied upon. Upon this appeal from a judgment in favor of plaintiff for the full amount claimed it is urged that the evi*448deuce is insufficient to sustain the verdict, and that the court erred in allowing Tibbetts to testify on cross-examination that…
2Cases cited3 opinions
- Wells v. . KelseyNew York Court of Appeals · 1867
- Olson v. Burlington, C. R. & N. RailroadSouth Dakota Supreme Court · 1900
- Hastie v. CollinsSupreme Court of Kansas · 1883