JASPER v. ROSSMAN

No. 9047.

41 N.W.2d 310 (1950)

JASPER v. ROSSMAN et al.

Supreme Court of South Dakota.

February 15, 1950.


Attorney(s) appearing for the Case

Henry C. Mundt, Sioux Falls, attorney for plaintiff and appellant.

Doyle & Mahoney, Sioux Falls, attorneys for defendants and respondents.


ROBERTS, Judge.

Plaintiff brought this action to recover the balance alleged to be due for certain merchandise sold and delivered to the defendant. The answer set up the defense that the articles purchased were gambling devices and that the purchase being void asagainst public policy there was no valid consideration for the promise to pay. The case came on for trial by jury. At the close of the evidence, both parties moved for a directed verdict and did not reserve...

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