Western Twine Co. v. Wright

Citations

• 11 S.D. 521
• 44 L.R.A. 438
• 78 N.W. 942
• 1899 S.D. LEXIS 13

Syllabus

<p>1. A telegram that was addressed to another, and deposited with an operator for transmission, with the charges prepaid, is presumed to have been received by such other, in the absence of evidence to the contrary.</p> <p>2. A telegram received by the addressee is admissible against the sender • on proof of the loss of the original prepared by the sender.</p> <p>3. A telegram received in reply to a telegram addressed to the sender is presumed to be genuine, in the absence of fraud, and is admissible, without further proof of the identity of the sender.</p> <p>4. A telegram containing a warranty of goods ordered by the addressee is a contract in writing, within Comp. Laws § 3538, making a written instrument presumptive evidence of consideration.</p> <p>5. In an action for the price of twine, on an issue whether the twine was worthless,.the testimony of a farmer, who bought some of it of the purchaser, that the breaking of the twine delayed his harvesting, is admissible to show his source of knowledge, where he testified that the twine was worthless.</p> <p>6. A purchaser of merchandise that was warranted, and proves worthless, may defeat a recovery for any amount, though he sold a part of the merchandise for cash, and the buyer made no claim on account of defects.</p> <p>7. The measure of damages for a breach of a warranty of the quality of merchandise sold and delivered is the difference between what the property would have been worth if as warrant,ed and its actual value at the time referred to in the warranty.</p> <p>8. Separate judgments may be rendered in favor of a principal and sureties jointly sued on a note, as they may be sued severally.</p> <p>9. Separate judgments in favor of defendant principal and sureties will not be reversed on the ground that only a single judgment could be properly rendered, in view of Comp laws, § 4941, prohibiting the reversal of a judgment for error which does not affect a substantial right of the adverse party.</p>