Manganese Steel Safe Co. v. First State Bank
South Dakota Supreme Court
Appeal from Circuit Court, McPherson County. Hon. Lyman T. Bouchur, Judge. Action by the Manganese Steel Safe Company ag'ainst the Hirst State Bank of Leola. Judgment for defendant, and plaintiff appeals. When the vendee is sued for non-performance of the contract on his part, in not paying the contract price, if the goods have been delivered the measure of damages is, the price named in the agreement.
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Appeal from Circuit Court, McPherson County. Hon. Lyman T. Bouchur, Judge. Action by the Manganese Steel Safe Company ag'ainst the Hirst State Bank of Leola. Judgment for defendant, and plaintiff appeals. When the vendee is sued for non-performance of the contract on his part, in not paying the contract price, if the goods have been delivered the measure of damages is, the price named in the agreement. Sedgwick on Damages, 312. The contract between plaintiff and defendant -for the' sale of the safe was a valid contract under the -provisions of our law, and while the reservation of title to…
1Opinion of the CourtMcCOY, J.
If appears from the record that respondent, First State Bank of Leola, agreed to purchase from appellant, Manganese Steel Safe Company, a certain bank safe under the following written contract:
“July 22, 1907. First State Bank, Leola, So. Dak. We hereby agree to deliver, f. o. b., cars our works, Plainfield, N. J., one of our No. 3, manganese steel safes to be built in full accordance with specifications herewith submitted, for the sum of eight hundred twenty five ($825.00) dollars, and your secondhand Chicago No. 6 safe and time lock f. o. b. Leola, payable in New York funds, upon delivery of…
2Cases cited2 opinions
- Silberman v. . ClarkNew York Court of Appeals · 1884
- Dowagiac Mfg. Co. v. White Rock Lumber & Hardware Co.South Dakota Supreme Court · 1904
3Cited by3 opinions
- Manganese Steel Safe Co. v. First State BankSouth Dakota Supreme Court · 1912
- American Law Book Co. v. LaterIdaho Supreme Court · 1927
- Manganese Steel Safe Co. v. First State Bank of LeolaSouth Dakota Supreme Court · 1914