BIG BAND, INC. v. WILLIAMS

No. 11026.

202 N.W.2d 121 (1972)

BIG BAND, INC., a South Dakota Corporation, Plaintiff and Respondent, v. Joe WILLIAMS, Defendant and Appellant.

Supreme Court of South Dakota.

November 15, 1972.


Attorney(s) appearing for the Case

Keith A. Tidball of Tidball, Blando, Kemnitz & Axtmann, Pierre, for plaintiff and respondent.

John L. Wilds, Sioux Falls, for defendant and appellant.


BIEGELMEIER, Judge.

This action is based on a contract whereby plaintiff was to manufacture and distribute and defendant was to buy a quantity of cattle guards invented by defendant, a rancher turned inventor. Altered and amended as to the number only as hereafter mentioned, the contract provided defendant would buy 500 of the guards over a period of six months at $100 each. Provision for payment was that defendant "will advance * * * $40.00 * * * for each cattle...

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