Legal Opinion

Barker v. Coats

South Dakota Supreme Court

Decided July 18, 1914PublishedCited by 1 opinion

Appeal from1 'Circuit -Court, Brown County. Hon. Frank Mc-Nulty, Judge. Action :by Arthur W. Barker against F. S. Coats, to. recover for fraudulent representations in an exchange- of lands. From a judgment for defendant, and from an order denying a new1 trial, ■plaintiff appeals. Appellant cited: Thompson -on Trials (2nd Ed.), Sec. 2315, -note 42; Co-mpt-oir D’Es-compte De Paris v. Dresbach, 20 Pac. (Cal.) 28-33; Calkins’ Estate v. -Calkins, 44 Pac.

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Appeal from1 'Circuit -Court, Brown County. Hon. Frank Mc-Nulty, Judge. Action :by Arthur W. Barker against F. S. Coats, to. recover for fraudulent representations in an exchange- of lands. From a judgment for defendant, and from an order denying a new1 trial, ■plaintiff appeals. Appellant cited: Thompson -on Trials (2nd Ed.), Sec. 2315, -note 42; Co-mpt-oir D’Es-compte De Paris v. Dresbach, 20 Pac. (Cal.) 28-33; Calkins’ Estate v. -Calkins, 44 Pac. (Cal.) 577-580; Beaver v. Taylor, 1 Wall- (U. 'S.) 637, 644; Insurance Company v. Baring, 20 id. 162; Baltimore & Potomac R. R. Co. v. Mackey,…

1Opinion of the CourtWhiting, J.

Plaintiff was the -owner of certain real estate, and defendant a real estate dealer and agent handling lands in this 'state and in North Dakota. They entered into a contract for the exchange of plaintiff’s property for a certain “Section 15” situate in North Dakota, which exchange was afterwards consummated by the execution and delivery of the necessary papers by the proper .parties. Plaintiff brought this action to1 recover damages which *293be claims to have suffered through the fraud and deceit of defendant, he claiming that defendant, through fraudulent misrepresentations and deceit, led…

2Cases cited3 opinions

  1. Roper v. NoelSouth Dakota Supreme Court · 1913
  2. People v. GleasonCalifornia Supreme Court · 1898
  3. Sullivan v. LyonsSouth Dakota Supreme Court · 1913

3Cited by1 opinion

  1. Barker v. CoatsSouth Dakota Supreme Court · 1918

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