Western Townsite Co. v. Novotny
South Dakota Supreme Court
Appeal from Circuit Court, Tripp County. Hon. Wiixiam Wii.iuamson, Judge. Action by the Western Town Site Company against John Novotny, to recover fo-r balance of purchase price of realty sold by plaintiff to defendant, to establish a vendor’s lien for purchase money against the realty, and for foreclosure of such lien. From a judgment in favor of plaintiff, entered upon an order sustaining a demurrer to defendant’s counterclaim, defendant appeals.
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Appeal from Circuit Court, Tripp County. Hon. Wiixiam Wii.iuamson, Judge. Action by the Western Town Site Company against John Novotny, to recover fo-r balance of purchase price of realty sold by plaintiff to defendant, to establish a vendor’s lien for purchase money against the realty, and for foreclosure of such lien. From a judgment in favor of plaintiff, entered upon an order sustaining a demurrer to defendant’s counterclaim, defendant appeals. The rule that an expression of an opinion is not actionable, it has been said, applies only “when the opinion stands by itself and is intended to…
1Opinion of the CourtWHjITING, P. J.
Plaintiff, under a written contract, sold defendant a town lot, upon which defendant made partial payment. Defendant being in default as to the balance of the purchase price, plaintiff brought this action seeking a judgment for such balance, and a decree giving it a vendor’s lien upon the lot securing such judgment, together with a foreclosure thereof. Defendant, admitting the contract and failure in payment, alleged by way of counterclaim that, when -said contract was entered into, plaintiff falsely and fraudulently, and' with intent to defraud defendant, represented to defendant that a…
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- Aschoff v. Mobil Oil Corp.South Dakota Supreme Court · 1977
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- Reitz v. Ampro Royalty TrustSouth Dakota Supreme Court · 1953
- Rodgers v. JohnsonSouth Dakota Supreme Court · 1923
- Culhane v. ThovsonSouth Dakota Supreme Court · 2026
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