National Cash Register Co. v. Pfister

Citations

• 5 S.D. 143
• 58 N.W. 270
• 1894 S.D. LEXIS 36

Syllabus

<p>1. A written order given to plaintiffs agent to “please ship” a certain article for which “we agree to pay” a fixed price, named therein, is not necessarily a contract; and, when there is no evidence that such order was ever received and acted upon by the plaintiff, parol evidence is admissible to prove that the article was delivered to defendants under a verbal agreement that it should be taken on thirty days’ trial, and returned to plaintiff by defendants if it failed to give entire satisfaction; and, under a proper pleading, parol evidence is admissible to prove that the order, and an acceptance to a certain sight draft, were obtained by false and fraudulent representations.</p> <p>2. Where the notice of intention states generallj' the statutory grounds for a new trial, including the insufficiency of the evidence, but no further specification of the particulars in which such evidence is insufficient is made, either in the statement upon which the motion for a new trial is made or in the assignments of error or argument in this court, such objection will not be considered.</p> <p>(Syllabus by the court.</p>