Hickox v. Bacon
South Dakota Supreme Court
Appeal from circuit court, Beadle county; Hon. J. H. McCoy, Judge. Action by H. C. Hickox against Artemetia Bacon. From a judgment in favor of plaintiff, defendant appeals. The character of a power under which an agent may execute a deed for another depends upon the presence or absence of the' principal. If it is signed in his presence and by his direction, an oral request to do the act is all that is required.
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Appeal from circuit court, Beadle county; Hon. J. H. McCoy, Judge. Action by H. C. Hickox against Artemetia Bacon. From a judgment in favor of plaintiff, defendant appeals. The character of a power under which an agent may execute a deed for another depends upon the presence or absence of the' principal. If it is signed in his presence and by his direction, an oral request to do the act is all that is required. McMurtry v. Brown, 6 Neb. 375; Gardner v. Gardner, 5 Cush. 483; Insurance Company v. Brown, 30 N. J. Eq. 193; Story Agency § 512; 2 Greenleaf, Ev. 295; Jansen v. McCahil, 22 Cal. 563.…
1Opinion of the CourtCorson, J.
This is an action to enforce the specific performance of an alleged contract for the sale of a quarter section of land in Beadle county. Findings and judgment in favor of the plaintiff, and the defendant has appealed.
The appellant was a resident of Faribault, Minn., and the alleged contract was made with the plaintiff by Thomas &'Smith, real estate agents of Huron, in this state, in the name of the appellant. By the alleged contract the appellant agreed to convey to the plaintiff the property described in the complaint upon the payment of $1,000, and was signed by Artemetia Bacon, by Thomas &…
2Cases cited6 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Chappell v. McKnightIllinois Supreme Court · 1884
- Dickinson v. WrightMichigan Supreme Court · 1885
- Gross v. FowlerCalifornia Supreme Court · 1863
- Kozel v. DearloveIllinois Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Watters v. DanceySouth Dakota Supreme Court · 1909
- Shumway v. KitzmanSouth Dakota Supreme Court · 1912
- Estate of BronsonSouth Dakota Supreme Court · 2017
- Lewis v. JonesSouth Dakota Supreme Court · 1920
- Axtell v. MullerSouth Dakota Supreme Court · 1921
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