Seiberling v. Mortinson

Citations

• 9 S.D. 576
• 70 N.W. 835
• 1897 S.D. LEXIS 106

Syllabus

<p>Where, in an action on a note, the answer alleged that the sole consideration was, a machine which plaintiffs agreed to repair, and that, by reason of their failure to make such repairs, the machine was worthless, an affirmative judgment for defendant, over and above the price of the machine, was erroneous, there being no averment of loss sustained in attempt to use it.</p>