Washabaugh v. Hall
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by Prank J. Washabaugh against Herbert S. Hall, to recover the sum of $500 paid by plaintiff to defendant. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by Prank J. Washabaugh against Herbert S. Hall, to recover the sum of $500 paid by plaintiff to defendant. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. It was error for the court to refuse to allow the defendant to show by parol evidence that Hall acted in all matters as the agent of the plaintiff and under his instruction and held the interest in the land as trustee. If Hall, as the agent of the plaintiff, made an error in judgment it was the plaintiff’s loss, and if he…
1Opinion of the CourtKellam, J.
This action was brought to recover the $500 paid by respondent to appellant referred to in a writing, whose execution and delivery are conceded, and reading as follows: Exhibit B. Rapid City, Dakota, December 30, 1885. Received of Frank J. Washabaugh the sum of $500 cash, and his promissory note for the sum of $500, bearing even date herewith, and drawing interest at the rate of ten per cent per annum, which said note and cash are in full payment for a one-sixteenth interest in and to the southeast quarter of section 25, township 2, north range 7, east B. H. M., provided Herbert S. Hall, to…
2Cases cited5 opinions
- Greenleaf v. CookSupreme Court of the United States · 1817
- Thompson v. McKeeSupreme Court Of The Territory Of Dakota · 1888
- Van Brunt v. . DayNew York Court of Appeals · 1880
- Webster v. LutherSupreme Court of Minnesota · 1892
- Dean v. First National BankSupreme Court Of The Territory Of Dakota · 1889
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- Strunk v. SmithSouth Dakota Supreme Court · 1896
- Thompson v. Dakota Independent Oil Co.South Dakota Supreme Court · 1939
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