HENTO v. MELMER

No. 9095.

44 N.W.2d 212 (1950)

HENTO et al. v. MELMER.

Supreme Court of South Dakota.

October 3, 1950.


Attorney(s) appearing for the Case

John A. Engel, Avon, Ray E. Post, Tyndall, for appellants.

Frank B. Morgan, Wagner, James R. Bandy, Armour, for respondent.


SICKEL, Judge.

This is an action brought to recover on a check for $2,300.00 given by defendant for the purchase of a used truck. Judgment was entered dismissing the action on the merits and plaintiffs appealed.

On January 21, 1948, defendant took possession of the vehicle and delivered the check to plaintiffs. On the same day the vehicle was placed in a blacksmith shop for the purpose of making some alterations. It was left there until the night of January...

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