Moe v. John Deere Co.
South Dakota Supreme Court
516 N.W.2d 332 (1994)
- Written by Megan Schwarz, JD
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.
Rule of Law
Issue
Holding and Reasoning (Moses, J.)
What to do next…
Here's why 802,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
