Filbert v. Hamilton
South Dakota Supreme Court
Appeal from Circuit Court McPherson County. Hon. Wilriam N. Skinner, Judge Action ¡by F. 'W. Gilbert, against J. B. Hamilton, to recover damages for defendant’s failure to fulfill an alleged contract of ex-change of merchandise and lands for other realty. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtPolley, P. J.
On the 23d day of February, 1917, plaintiff entered into a written contract with one Ronayne, wherein it was agreed that said Ronayne should trade to plaintiff a quarter section of land in Edmunds county -for a certain quantity of merchandise then at ¡Clark, ‘S'. ¡D., and St. Louis, Mo., valued at $5,500, and an assignm'ent of a contract to purchase 40 acres of land in Red Lake county, Minn. Just when the terms of the contract were to be performed is not clear, but plaintiff agreed to deliver the merchandise as soon as it could be invoiced, and Ronayne was given 30 days in wlhich to prepare…
2Cases cited2 opinions
- State v. ShepardSouth Dakota Supreme Court · 1912
- Brewster v. MillerSouth Dakota Supreme Court · 1913
3Cited by1 opinion
- Stugelmayer v. UlmerSouth Dakota Supreme Court · 1977