Chase v. Redfield Creamery Co.
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action by Alonzo Chase against the Redfield Creamery Company for the recovery of rent. Judgment for plaintiff, and defendant appeals. It was error to admit in evidence testimony of oral agreements varying or tending to vary the terms of the written memorandum. St Louis Ry. Co. v. Dearborn, 60 Fed. 880; Sayre v. Burdict, 47 Minn. 367; Bruns v. Schriebér, 43 Minn. _ 471; Strunk v. Smith, 66 N.W.
Read the full summary
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action by Alonzo Chase against the Redfield Creamery Company for the recovery of rent. Judgment for plaintiff, and defendant appeals. It was error to admit in evidence testimony of oral agreements varying or tending to vary the terms of the written memorandum. St Louis Ry. Co. v. Dearborn, 60 Fed. 880; Sayre v. Burdict, 47 Minn. 367; Bruns v. Schriebér, 43 Minn. _ 471; Strunk v. Smith, 66 N.W. Rep. 926, 8 S.D.; 407 Hutchinson v. Cleary, 55 N. W. Rep. 729. ' The contract recovered upon was entered into before the…
1Opinion of the CourtCorson, J.
This is an action to recover of the defendant for fie back rent of premises leased to the Mellette Creamery Company, a corporation, and for rent accruing during the occupancy of the premises by the defendant, a corporation. Verdict and judgment for the back rent were rendered for the plaintiff, and defendant appeals.
Prior to May 1897, a corporation known as the Mellette Creamery Company rented certain premises belonging to the plaintiff, and at about the date mentioned was indebted to the plaintiff for a balance of $110 due on account of such rent. The Mellette Creamery 'Company being…
2Cases cited3 opinions
- Penn Match Co. v. HapgoodMassachusetts Supreme Judicial Court · 1886
- Huron Printing & Bindery Co. v. KittlesonSouth Dakota Supreme Court · 1894
- National Bank v. TaylorSouth Dakota Supreme Court · 1894
3Cited by6 opinions
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Mt. Pleasant Coal Co. v. WattsIndiana Court of Appeals · 1926
- Engler v. Ipswich Printing Co.South Dakota Supreme Court · 1934
- Moriarity v. MeyerNew Mexico Supreme Court · 1916
- Veigel v. O'TooleSupreme Court of Minnesota · 1931
1 more not listed; retrieve them via the Exa API.