37-2-15. Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler. If any wholesale dealer in petroleum products subject to inspection under the terms of §§ 37-2-5 to 37-2-24, inclusive, shall sell or deliver to any retail dealer any such product, within this state, which upon the test prescribed by those sections does not meet the required standard, such wholesale dealer shall not have a cause of action against the retail dealer for the purchase price thereof, and in case the same has already been paid such purchase price may be recovered by the retail dealer, and in addition to the usual costs allowed in civil actions the plaintiff may recover an attorney fee of twenty-five dollars.
Source: SDC 1939, § 22.1515; SDCL, § 39-21-24.
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