DRIER v. PERFECTION, INC.

Nos. 11905, 11907 and 12078.

259 N.W.2d 496 (1977)

Calvin C. DRIER, d/b/a Rural Press, Plaintiff and Respondent, v. PERFECTION, INC., a corporation, Defendant and Appellant, and American Type Founders, a corporation, and Whitin Machine Works, Inc., a corporation, Defendants and Appellants. Calvin C. DRIER, d/b/a Rural Press, Plaintiff, v. PERFECTION, INC., a corporation, Defendant and Respondent, and American Type Founders, a corporation, and Whitin Machine Works, a corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 4, 1977.

Rehearing Denied December 2, 1977.


Attorney(s) appearing for the Case

Gale E. Fisher of May, Johnson & Burke, Sioux Falls, for plaintiff and respondent.

Robert Heege of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellants American Type Founders and Whitin Machine Works, Inc.

A. D. Sommervold of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant and respondent Perfection, Inc.


DUNN, Chief Justice.

This is an action for breach of implied and express warranties made in the sale of a printing press in which a jury in the Second Judicial Circuit Court returned a verdict of $14,200 against Perfection, Inc. and American Type Founders, a division of Whitin Machine Works (Whitin).1 At a later date, the trial court granted indemnity to Perfection for any sums due to the plaintiff and awarded it the amount of $11,047...

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