Barnes v. Clement
South Dakota Supreme Court
Appeal from circuit court, Grant county. Hon. A. W. Campbell, Judge. Action by James W. Barnes against Foster R. Clement to recover money paid on a land contract. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
This is an action to recover money paid by the plaintiff on a land contract. Findings and judgment were in favor of the plaintiff, and from the judgment and order denying a new trial the defendant appeals. This case was before us on a former appeal, and the judgment reversed, and a new trial ordered. 8 S. D. 421, 66 N. W. 810.
The contract, entered into on the 15th day of September, 1888, provides in substance, that the appellant, Foster R. Clement, should sell and convey to the respondent, James W. Barnes, by deed of special warranty, 640 acres of farming land for the sum of $8,100, and…
2Cases cited5 opinions
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Clute v. RobinsonNew York Supreme Court · 1807
- Way v. JohnsonSouth Dakota Supreme Court · 1894
- People v. McCoyNew York Supreme Court · 1862
- Skinner v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1819
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- BankWest, N.A. v. GrosecloseSouth Dakota Supreme Court · 1995
- Ford v. HoferSouth Dakota Supreme Court · 1961
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