Fletcher v. Arnett
South Dakota Supreme Court
Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action to rescind a contract and for other relief. There was judgment for plaintiffs, and, from an order denying a new trial, defendants appeal. The facts are fully stated in the opinion. The writing in suit contains two separate contracts.
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Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action to rescind a contract and for other relief. There was judgment for plaintiffs, and, from an order denying a new trial, defendants appeal. The facts are fully stated in the opinion. The writing in suit contains two separate contracts. By the first contract Greeley agreed to deed the Kansas land upon which there was a mortgage of $6,000 to the Fletchers, and the Fletchers agreed to deed the Dakota land to Greeley, possession in each case to be delivered before June 1st; by the second contract if Greeley took up the…
1Opinion of the CourtCorson, P. J.
This was an action to rescind, and have declared null and void, a certain contract entered into between the plaintiffs S. C. Fletcher anqL C. S Fletcher, parties of the first part, and D. P. Greeley, Jr., party of the second part, on the 19th day of May, 1891; and-also to have declared null and void and canceled, certain conveyances made thereunder. The circuit court rendered judgment for the plaintiffs, a motion for a new trial was made and overruled, and from the judgment and order denying a new trial the defendants appealed.
The material parts of the agreement in controversy in this action…
2Cases cited5 opinions
- Lyman v. GedneyIllinois Supreme Court · 1885
- Ropes v. UptonMassachusetts Supreme Judicial Court · 1878
- Daily v. LitchfieldMichigan Supreme Court · 1862
- Ayres v. PeaseNew York Supreme Court · 1834
- Whitney v. StoneCalifornia Supreme Court · 1863
3Cited by3 opinions
- Aultman & Taylor Co. v. LawsonSupreme Court of Iowa · 1897
- Brodsky v. MaloneySouth Dakota Supreme Court · 1960
- Brodsky v. MaloneySouth Dakota Supreme Court · 1960