Hauert v. Kaufman

MISER, Circuit Judge.

This action was here on a former appeal, and will be found reported in 45 S. D 132, 186 N. W. 555, to which reference is made for a statement of the facts. The *204cause was by this court remanded with directions to the lower court' to try out the issues raised by the counterclaim, and, if such issues were found in favor of defendant, appellant therein, to modify its judgment by adding thereto a money judgment in favor of defendant. Thereafter that cause was tried out and a modified judgment entered, wherein it was adjudged that defendant Rardin recover of plaintiff, Hauert,…