Lunscheon v. Wocknitz
South Dakota Supreme Court
Appeal from Circuit Court, Davidson County. Hon. Frank B .Smith, Judge. Action by Ricklef Funscheon against Albert Wocknitz. From a judgment for plaintiff, defendant appeals.
Read the full summary
Appeal from Circuit Court, Davidson County. Hon. Frank B .Smith, Judge. Action by Ricklef Funscheon against Albert Wocknitz. From a judgment for plaintiff, defendant appeals. When a contract has been reduced to writing, without any uncertainty as to the object and extent of the obligations, the presumption is that the entire contract was reduced to writing and oral testimony as to declarations at the time it was made, or prior thereto, are not admissible and this presumption is conclusive, and no conditions, or terms can be added to or taken from, the written contract. 2 Rice on Ev. 1259 —…
1Opinion of the CourtFuller, P. J.
Sufficient facts are stated in the complaint to constitute a cause of action for damages arising from the alleged false and fraudulent representations of appellant, by which respondent was induced to enter into a contract for the purchase of a Davison county farm at $40 per acre. The execution of the contract and performance on the part of respondent according to its terms being admitted, the issues were limited by the pleadings to questions of actionable deceit and misrepresentations on the part of appellant concerning the quality of the land, and it was not erroneous for the trial court to…
2Cases cited4 opinions
- Allen v. HennIllinois Supreme Court · 1902
- Brett v. Van AukenSupreme Court of Iowa · 1896
- Clinkenbeard v. WeathermanSupreme Court of Missouri · 1900
- Mullen v. KinseyNebraska Supreme Court · 1897
3Cited by7 opinions
- Holmes v. CouturierSouth Dakota Supreme Court · 1990
- Main v. Professional and Business Men's Life Ins. Co.South Dakota Supreme Court · 1963
- Kerr v. StauferSouth Dakota Supreme Court · 1931
- National Cash Register Co. v. MahaneySouth Dakota Supreme Court · 1925
- Hallen v. MartinSouth Dakota Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.