SCHUMAKER v. IVERS

No. 11449.

238 N.W.2d 284 (1976)

Viron F. SCHUMAKER and Virginia B. Schumaker, Plaintiffs and Respondents v. Bob IVERS, d/b/a Burl's Music Shop, Defendant and Appellant.

Supreme Court of South Dakota.

January 27, 1976.


Attorney(s) appearing for the Case

Tidball, Kemnitz, Axtmann & Lovald, Pierre, for defendant and appellant.

Charles Poches, Jr., Fort Pierre, for plaintiffs and respondents.


WOLLMAN, Justice.

Defendant appeals from a judgment ordering him to repay to plaintiffs the purchase price of a certain electric organ. We affirm.

On November 30, 1972, plaintiffs went to defendant's music store for the purpose of looking at electric organs. Plaintiffs looked at several models and discussed the matter with defendant, who recommended the organ in question, described in the testimony as a Story Clark Magi model. Defendant suggested that plaintiffs...

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