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FUNKE v. HOLLAND FURNACE COMPANY

No. 9810.

102 N.W.2d 668 (1960)

Joe FUNKE and Mrs. Joe Funke, Plaintiffs and Respondents, v. HOLLAND FURNACE COMPANY, a Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

May 3, 1960.

Attorney(s) appearing for the Case

Henry C. Mundt, Sioux Falls, for defendant and appellant.

Kirby, McDonnell & Kirby, Gene McDonnell, Sioux Falls, for plaintiffs and respondents.

HANSON, Judge.

The Holland Furnace Company sold a new furnace to Mr. and Mrs. Joe Funke, an elderly couple living at Rowena, South Dakota. The furnace was not satisfactory and failed to heat the Funke home. This action to rescind the sale and recover the purchase price of the furnace upon grounds of fraud and breach of warranty followed. The trial court found fraud in the inducement of the contract and entered judgment in favor of plaintiffs in the amount of $923...

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