Ede v. Ward
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Ernest D. Ede against Harry J. Ward and another, co-partners as Ward & Brawner, to recover back purchase money under a contract of sale of realty through defendants as brokers. From an order granting a new trial on defendants’ motion, after a verdict for plaintiff, plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Ernest D. Ede against Harry J. Ward and another, co-partners as Ward & Brawner, to recover back purchase money under a contract of sale of realty through defendants as brokers. From an order granting a new trial on defendants’ motion, after a verdict for plaintiff, plaintiff appeals. Election of counts can be compelled only when there is an absolute incompatibility in the facts alleged so that the proof of the one will disprove the other. Norbeck & Nicholson Co. v. Pease, 21 S. D. 368, 112 N. W. 1136, 1137; Lake…
1Opinion of the CourtPoleey, J.
On and for some time prior to the 1st day of February, 1911, defendants, as real estate dealers in the city of *354Huron, were the agents, for the owners, for the sale of two adjoining quarter sections of land in Beadle county. Plaintiff, a practicing attorney at law, was also, to some extent, engaged in the real estate business, and on or about the above-named date made inquiry of defendants as to the price and terms upon which the said land could be purchased. Either at the first interview or very soon thereafter, plaintiff informed defendants that he had a client in Nebraska who was a…
2Cases cited14 opinions
- Hosley v. . BlackNew York Court of Appeals · 1863
- Whitney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Plummer v. MoldSupreme Court of Minnesota · 1875
- Wilson v. SmithCalifornia Supreme Court · 1882
- Leonard v. RobertsSupreme Court of Colorado · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
- American Glycerin Co. v. Eason Oil Co.Court of Appeals for the Tenth Circuit · 1938
- Huntley v. YoungingerSouth Dakota Supreme Court · 1928
- Security State Bank v. Bank of CentervilleSouth Dakota Supreme Court · 1923
- Shann v. Disbrow & Co.South Dakota Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.