Gay v. Sundquist
South Dakota Supreme Court
Appeal from Circuit Court, Butte County. Hon. James McNenny, Judge. Action by Thoma,s C. Gay against Eel Sundquist, to recover purchase price under an agreement for sale of livestock -by defendant to plaintiff. ' From a judgment for plaintiff upon directed verdict,' and from an order denying a new trial, defendant-appeals. (i) To point one of the opinion, Appellant cited: Secs. 1149, 1-238, Civ.
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Appeal from Circuit Court, Butte County. Hon. James McNenny, Judge. Action by Thoma,s C. Gay against Eel Sundquist, to recover purchase price under an agreement for sale of livestock -by defendant to plaintiff. ' From a judgment for plaintiff upon directed verdict,' and from an order denying a new trial, defendant-appeals. (i) To point one of the opinion, Appellant cited: Secs. 1149, 1-238, Civ. Code; S'joli-v. Hogenson, 19 N. D. 82; Groomer v. McMillan, 128 S. W. 285, 143 .Mo. App. 612; Charleston & W. C. Ry. Co. y. Pope & Fleming, 50 S. F, 374, 122. Ga. 577, 21 R. C. F. 59, 63; Borland v.…
1Opinion of the Court
WHITING J.
Appellant assigns error in .the trial court’s refusal to direct a verdict in his favor. The motion for directed verdict would assume the following, facts to. be supported by evidence: C.; plaintiff, and S., defendant, entered into an oral agreement whereby S. sold to C. a bunch of lambs to be . delivered in the future. Under the agreement, the purchase price would be far in excess of $50. At the time of such agreement, C. delivered to, and there was accepted by S., C.’s check, both parties intending that the proceeds of such check should be applied in part payment of the purchase…
2Cases cited8 opinions
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Groomer v. McMillanMissouri Court of Appeals · 1910
- First National Bank v. McConnellSupreme Court of Minnesota · 1908
- McLure v. ShermanU.S. Circuit Court for the District of Montana · 1895
- Leonard v. RothMichigan Supreme Court · 1911
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3Cited by4 opinions
- Farmers' Oil & Gas Co. v. BettsSouth Dakota Supreme Court · 1926
- Silverberg v. KieslerSupreme Court of Colorado · 1923
- Von Seggern Bros. & Ludden v. Antelope County State BankSouth Dakota Supreme Court · 1930
- Bohl v. KosterSouth Dakota Supreme Court · 1946