UNKE v. THORPE

No. 9347.

59 N.W.2d 419 (1953)

UNKE v. THORPE et al.

Supreme Court of South Dakota.

Rehearing Denied August 12, 1953.


Attorney(s) appearing for the Case

Bielski, Elliott & Lewis, Sioux Falls, for plaintiff and appellant.

Gale B. Wyman, Belle Fourche, for defendants and respondents


SMITH, Judge.

The complaint of the plaintiff, W. E. Unke, prays for damages because the defendants, F. L. Thorpe and C. W. Waters, who had agreed in writing to sell and deliver to him "600 to 800" bushels of alfalfa seed, delivered to him only about 301 bushels of such seed. The defense that the contract was induced by fraud was sustained by the trial court and judgment dismissing the action was entered. The principal assignments question the sufficiency of the evidence...

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