J. I. Case Threshing Mach. Co. v. Gidley
South Dakota Supreme Court
Appeal from Circuit Court, Potter County. Hon. L/yman T. Bouciisr, Judge. Action by the J. I. Case Threshing Machine Company against Nelson Gidley. From the judgment for defendant, plaintiff appeals.
1Opinion of the Court
SMITH, R. J.
Action upon three promissory notes given by defendant to plaintiff for a corn shredder and husker of plaintiffV: manufacture. The transaction was based upon a written order dated November 24, 1905. Under the terms of the order, the machine was warranted to be “made of good material and with good care to do as good work under the same conditions as any made in the United States of equal size and rate of capacity, when operated by competent persons and with sufficient power.” Defendant received.the machinery on the 28th of November, 1905, operated it upon seven different days, and…
2Cases cited5 opinions
- Dring v. St. Lawrence TownshipSouth Dakota Supreme Court · 1909
- Rogers v. Gladiator Gold Min. & Mill. Co.South Dakota Supreme Court · 1907
- Greder v. StahlSouth Dakota Supreme Court · 1908
- Acme Harvesting Machine Co. v. BarkleySouth Dakota Supreme Court · 1908
- Northwest Thresher Co. v. MehlhoffSouth Dakota Supreme Court · 1909
3Cited by3 opinions
- Rickards v. Aultman & Taylor Machinery Co.Montana Supreme Court · 1922
- Brooks v. Fidelity & Deposit Co.South Dakota Supreme Court · 1928
- J. I. Case Co. v. BootheSupreme Court of Arkansas · 1956