BARBER v. GROSS

No. 9242.

51 N.W.2d 696 (1952)

BARBER v. GROSS.

Supreme Court of South Dakota.

Rehearing Denied March 24, 1952.


Attorney(s) appearing for the Case

Fosheim & Blue, Huron, for defendant and appellant.

Temmey & Luby, Huron, for plaintiff and respondent.


LEEDOM, Judge.

Plaintiff, the respondent here, brought this action to recover on a $1,000 promissory note given him by defendant as part payment on the price of a spraying machine used for spraying or dipping livestock. In his answer defendant, who brought this appeal', alleged that he was only 18 years old at the time of making the note and that he had "disaffirmed" the contract "by tendering and offering to return the said `Spray Dip'"; and he counterclaimed for...

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