Stroud v. Fish
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. W. G.. Rici$, Judge. Action by Thomas F. Stroud against Samuel Fish, to recover on notes given in payment for a grading machine. Defendant counterclaimed for breach of warranty relating to the machine. From a judgment for defendant and an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Lawrence County. Hon. W. G.. Rici$, Judge. Action by Thomas F. Stroud against Samuel Fish, to recover on notes given in payment for a grading machine. Defendant counterclaimed for breach of warranty relating to the machine. From a judgment for defendant and an order denying a new trial, plaintiff appeals. On July ii, 1905, defendant sent $400 on his account, ordered some machine supplies, and made no complaints concerning the operation of the machine. (Abst. fol. 54). On September 15, 1905, defendant wrote asking plaintiff to-bear with him a little longer for the…
1Opinion of the CourtWpiiting, J.
This action'was brought to'recover upon one of a series of notes given in payment for a grading machine. Defendant pleaded a counterclaim based upon an alleged breach of warranty relating to such machine. Upon the trial the jury returned a verdict in favor of defendant upon all the issues, and allowed him a considerable sum as damages.’ It appears from the record that the verdict was returned on December 16, '1909, and judgment entered thereon January 6, 1910. It further appears that on December 17, 1909, the following stipulation was entered, into between the parties: “It is agreed between…
2Cases cited1 opinion
- Spaulding v. PittsSouth Dakota Supreme Court · 1910