Seiberling v. Mortinson
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action upon promissory notes. From an affirmative judgment in favor of defendant, plaintiffs appeal. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
Defendant, after admitting the execution, delivery, and nonpayment of two promissory notes, made the basis of this suit and aggregating $40, exclusive of interest, alleges, in substance, that a second hand Empire reaping machine was the only consideration therefor, and that, by reason of plaintiff’s failure to comply with their agreement to repair and put said machine in good working order, the consideration has wholly failed, as the machine without such repairs is, and at the time of purchase was, of no value whatever. Although no claim is made that defendant sustained special damages, and a…
2Cited by1 opinion
- Seiberling v. MortinsonSouth Dakota Supreme Court · 1898