McCabe v. Desnoyers
South Dakota Supreme Court
Appeal from Circuit Court, Clark County. Hon. GeorgR H. MaRQUIS, Judge. Action by John R. McCabe against Henry Desrioyers and others. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtCorson, J.
This case is before us on an appeal from the' judgment and order denying a new trial. The action, it is contended by the plaintiff and respondent, is one for fraudulent representations in 'the sale of a certain stallion made by the defendant to the plaintiff.
The appellant contends that the action is one for breach of warranty, and that as the defendants in their separate answers pleaded the six-year statute of limitations, and as more than six years had elapsed after the making of the contract and before the commencement of the action, the same was barred. It is contended by the respondents…
2Cases cited8 opinions
- Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
- Saint Croix Lumber Co. v. PenningtonSupreme Court Of The Territory Of Dakota · 1881
- Long v. CollinsSouth Dakota Supreme Court · 1900
- Pitts Agricultural Works v. YoungSouth Dakota Supreme Court · 1895
- Dowdle v. CornueSouth Dakota Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bourgois v. Montana-Dakota Utilities Co.North Dakota Supreme Court · 1991
- Moberg v. ScottSouth Dakota Supreme Court · 1919
- Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
- First National Bank v. WarnerNorth Dakota Supreme Court · 1908
- Flathers v. Wilson & Co.South Dakota Supreme Court · 1934
10 more not listed; retrieve them via the Exa API.