Callender v. Edmison
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action for breach of contract. Demurrer of defendants overruled, and Edmison appeals. The facts are stated in the opinion. Where a grantee assumes a mortgage in the deed it places him in the position of principal debtor and his grantor as his surety.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action for breach of contract. Demurrer of defendants overruled, and Edmison appeals. The facts are stated in the opinion. Where a grantee assumes a mortgage in the deed it places him in the position of principal debtor and his grantor as his surety. Warvelle on Vendors, 664; Wilcox v. Campbell, 106 N. Y. 325; Wadsworth v. Lyon, 93 N. Y. 201; Johnson v. Zink, 51 N. Y. 336. Actual compensation is given only for actual damages. Ayers v. Dixon, 78 N. Y. 318; Aberdeen v. Blackman, 6 Hill. 324; Van Slyke v. Kembal, 8 John.…
1Opinion of the CourtFuller, J.
The material facts upon which plaintiff bases his cause, and right to recover upon a cértain undertaking of the defendant Edmison, which will presently be noticed, are in effect stated in the complaint, as follows: On the 30th day of September, 1885, plaintiff and one Weston mortgaged certain farm lands and city property to the assignor of defendant Reitsch, to secure a note for $3,000, due January 1, 1891; the title to the city property being at the time in plaintiff and said Weston, and so remaining until September, 1887, when Weston conveyed his interest therein to plaintiff, who assumed…
2Cases cited7 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Stout v. FolgerSupreme Court of Iowa · 1871
- Port v. JacksonNew York Supreme Court · 1819
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