18 S.D. 105 | S.D. | 1904
At the conclusion of the evidence offered at the trial of this, action to recover the purchase price of certain farm machinery according to the alleged . terms of a written contract both parties moved for'the direction of a verdict, and this appeal is from a judgment dismissing the complaint, and for costs in favor of the defendant.
Appellant, a manufacturer of certain agricultural implements, authorized respondent to sell grain-seeding machinery to farmers residing in the vicinity of White Rock, and agreed “to appoint no other agent for said territory,” provided all the stipulations entered into by respondent were fully performed. Although it is recited that, “in consideration of the above covenants, the party of the second pai't does hereby agree to purchase” the implements mentioned, and pay therefor at a specified time, it is further provided that “in all cases the title and ownership of goods covered by this contract shall remain and be vested in the party of the first part until sold by the party of the second part in the regular course of business, or
Being harsh in its provisions, and written most strongly in appellant’s favor, the contract before us should not be construed against respondent beyond reasonable implications. By eliminating the agency feature of the agreement and adopting the view most favorable to appellant, respondent promised to purchase personal property the ownership of which was ex
The view we have taken of the controlling question in the case makes it unneccessary to consider other points urged by counsel for appellant, and the judgment dismissing the complaint and for costs is affirmed.