Legal Opinion

Mundt v. Messenger Publishing Co.

South Dakota Supreme Court

Decided March 2, 1920No. File No. 4634PublishedCited by 6 opinions

■Appeal from- Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action .by William J. M'undt, against the Messenger Publishing Company, a corporation, and Charles Billinghurst, to recover the amount of certain purchase monej'- paid- by plaintiff under a contract of purchasing a typesetting machine, which plaintiff has .subsequently sold to- said corporation, and which the latter had sold to defendant Billinghurst.

Read the full summary

■Appeal from- Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action .by William J. M'undt, against the Messenger Publishing Company, a corporation, and Charles Billinghurst, to recover the amount of certain purchase monej'- paid- by plaintiff under a contract of purchasing a typesetting machine, which plaintiff has .subsequently sold to- said corporation, and which the latter had sold to defendant Billinghurst. From a judgment for plaintiff, and from an order denying a new trial, defendant Billinghurst appeals. (1) To point one of the opinion, Appellant cited: Carter v. Sarby, 50…

1Opinion of the CourtMcCOY, P. J.

In thiis action there was verdict directed and judgment rendered in favor of plaintiff, from which defendant Billinghurst appeals.

It appears from the record that in December, 1911, the respondent purchased from the Unitype Company a typesetting machine for $1,500, under a conditional contract of sale which provided for a cash payment of $50, and the balance in notes of $25 each, payable each consecutive month thereafter until the full payment of said purchase price; that title to said machine should remain in said Unitype Company until full payment, ( and which contract was duly filed and…

2Cases cited8 opinions

  1. Fry v. AusmanSouth Dakota Supreme Court · 1912
  2. Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
  3. Iowa Loan & Trust Co. v. SchnoseSouth Dakota Supreme Court · 1905
  4. Miller v. KennedySouth Dakota Supreme Court · 1900
  5. American Candy Co. v. Ætna Life InsuranceWisconsin Supreme Court · 1916

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Zastrow v. KnightSouth Dakota Supreme Court · 1930
  2. Smith v. BlackfordSouth Dakota Supreme Court · 1929
  3. John Deere Plow Co. v. TuinstraSouth Dakota Supreme Court · 1924
  4. Nite Owl Corporation v. Management Services, Inc.South Dakota Supreme Court · 1970
  5. Citizens State Bank v. Interstate Surety Co.South Dakota Supreme Court · 1920

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API