Franz Falk Brewing Co. v. Mielenz Bros.
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Davison county; Hon. Bartlett Tripp, Judge. The action was for the price of certain beer the plaintiff had ■sold to A. W. and F. W. Mielenz, partners. The defense was "that the beer was not what it was warranted to be. A counterclaim was also interposed on the same ground, as appears by the opinion. The plaintiff denied the matters set up in the ■counter-claim. There was a verdict in favor of the defendants. Plaintiff appealed.
Read the full summary
Appeal from the district court of Davison county; Hon. Bartlett Tripp, Judge. The action was for the price of certain beer the plaintiff had ■sold to A. W. and F. W. Mielenz, partners. The defense was "that the beer was not what it was warranted to be. A counterclaim was also interposed on the same ground, as appears by the opinion. The plaintiff denied the matters set up in the ■counter-claim. There was a verdict in favor of the defendants. Plaintiff appealed. There was a conflict in the evidence, and from the rule adopted by the court in such cases, and the fact that the evidence (held…
1Opinion of the CourtFrancis, J.
This action comes up on appeal from the judgment of the district court in and for the county of Davidson, territory of Dakota, on exceptions to the verdict of the jury, and on the judgment of the court denying a motion to set aside the verdict and grant a new trial, and three errors assigned. The action was originally brought to recover $660 for goods, wares, and merchandise sold and delivered by the plaintiff to the defendants.
The defendants answered, admitting that they ordered and received the goods, wares, and merchandise mentioned in the complaint, namely, certain beer.
Defendants further…
2Cases cited2 opinions
- Caulfield v. BogleSupreme Court Of The Territory Of Dakota · 1881
- Bush v. Northern Pacific R. R.Supreme Court Of The Territory Of Dakota · 1884
3Cited by21 opinions
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Bakker v. IrvineSouth Dakota Supreme Court · 1994
- Drew v. LawrenceSouth Dakota Supreme Court · 1916
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Hedlun v. Holy Terror Min. Co.South Dakota Supreme Court · 1902
16 more not listed; retrieve them via the Exa API.