Clow-Schaaf Lumber Co. v. Kass
South Dakota Supreme Court
Appeal from Circuit Court, B'eadle County. Hon. Alva E. Taylor, Judge. Action by the Clow-Schaaf Lumber Company, a corporation, against N. J. Kass and another, to recover an. alleged balance due to plaintiff from defendants for building materials sold to them. From a judgment in favor of plaintiff and from an order denying a new trial, defendants appeal.
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Appeal from Circuit Court, B'eadle County. Hon. Alva E. Taylor, Judge. Action by the Clow-Schaaf Lumber Company, a corporation, against N. J. Kass and another, to recover an. alleged balance due to plaintiff from defendants for building materials sold to them. From a judgment in favor of plaintiff and from an order denying a new trial, defendants appeal. The evidence shows .plainly that the witness Mr. Schaaf ■had no personal knowledge of the account -and was refreshing his memory from the ledger of the plaintiff company, bis testimony showed that the ledger was not a book of original'…
1Opinion of the CourtWhiting, J.
This action was brought by plaintiff corporation to recover of the defendants a balance which, it was claimed, remained due and unpaid upon an account for building material sold defendants by the plaintiff. Trial was had before the court and a jury, and a verdict was directed in favor of plaintiff for •the amount claimed. Judgment was entered upon said verdict, and, a motion for a new trial having been denied, the defendants appealed from such judgment and order denying new trial.
[1] Although the record countains several assignments of error, there are really but two matters presented for our…
2Cases cited1 opinion
- Siemens Regenerative Gas Lamp Co. v. HorstmanSupreme Court of Pennsylvania · 1889
3Cited by5 opinions
- General Tire & Rubber Co. v. HammSouth Dakota Supreme Court · 1942
- Atlas Lumber Co. v. RosenbergerSouth Dakota Supreme Court · 1917
- De Bates v. SearlsSouth Dakota Supreme Court · 1927
- Fillaus v. GreenfieldSouth Dakota Supreme Court · 1917
- Reinhard Bros. v. SwansonSouth Dakota Supreme Court · 1926