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Moe v. John Deere Co.

South Dakota Supreme Court
516 N.W.2d 332 (1994)


Facts

Ted Moe (Moe) (plaintiff) purchased a tractor from Day County Equipment on September 29, 1983. The contract provided that Moe was to pay for the tractor in five equal installments. The contract was assigned to John Deere Company (Deere) (defendant). The first installment was due on October 1, 1984 and Moe failed to pay Deere until December 3, 1984. Moe was again unable to pay on October 1, 1985 and Deere waived full payment and extended the deadline. On March 10, 1986, Deere sent a letter to Moe stating that Moe had until March 20, 1986 to pay Deere. Moe never paid. Seven months later in June 1986, Deere spoke with Moe and told Moe to pay $2000 to Deere and then the rest after harvest. Deere never specified a due date for the $2000. On July 30, 1986, Deere repossessed the tractor. Moe sued. Deere filed a motion for summary judgment for Moe’s claims of wrongful repossession and fraudulent repossession and the trial court granted Deere’s motion. Moe appealed.

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Issue

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Holding and Reasoning (Moses, J.)

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