Evert v. Kleimenhagen

Citations

• 6 S.D. 221
• 60 N.W. 851
• 1894 S.D. LEXIS 143

Syllabus

<p>1. Where parties meet on Sunday, and talk over and substantially agree upon the terms of, a purchase and sale of a pair of horses, during which representations are made by the seller which would constitute a warranty of soundness, and then agree that they should meet again on the next day, when secured notes should be given for the purchase price, and the horses then transferfed to the purchaser, which was done, the warranty took legal effect, as such, only when the trade was completed and the property in the horses palssed to the purchaser, and was not void, as a Sunday contract.</p> <p>2. Where there is some substantial evidence, which, with the. inferences fairly deducible therefrom, would go to sustain the verdict of the jury, this court will not reverse an order denying a new trial, although the evidence, in its opinion, preponderates againgt such verdict.</p> <p>(Syllabus by the Court.</p>