Dowagiac Mfg. Co. v. Higinbotham

Citations

• 15 S.D. 547
• 91 N.W. 330
• 1902 S.D. LEXIS 66

Syllabus

<p>1. Where a buyer of merchandise without any of the grounds for rescission specified by Comp. Laws, § 3589, repudiates the contract of sale and notifies the seller not to deliver, the seller is not thereby precluded from proceeding with the performance of his part of the contract.</p> <p>2. Under Comp. Laws, § 3258, providing that title is transferred by an executory agreement for the sale of personal property when the buyer has accepted the property, or when the seller has prepared it for delivery and offered it with intent to transfer the title in the manner prescribed by the statute relating to offer of performance, where a buyer without excuse refuses to accept personal property properly tendered him by the seller, the title vests in the buyer as if he had . accepted it.</p> <p>3. Unfler the express provisions of Comp. Laws, § 4590, the measure of damages for the refusal of a buyer to accept personal property, the title to which is vested in him under section 3258, hy reason of a tender hy the seller, is the contract price.</p> <p>4. Duly authenticated copies of a corporate plaintiff’s article of incorporation from the secretary of state and a county register of deeds are sufficient, in the absence of any showing to the contrary, to establish plaintiff’s corporate existence and entitle’ it to maintain the suit.</p>