Schriner v. Dickinson
South Dakota Supreme Court
Appeal from Circuit Court, Hanson County. Hon. EraNK B. Smith, Judge. Action by George Schriner against Isiah Dickinson and another. From a judgment in favor of plaintiff, defendants appeal. Where a contract is made by an'agent and the principal is disclosed and the agent is known to be acting as such, the latter cannot be made personally liable unless he agrees to be so.
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Appeal from Circuit Court, Hanson County. Hon. EraNK B. Smith, Judge. Action by George Schriner against Isiah Dickinson and another. From a judgment in favor of plaintiff, defendants appeal. Where a contract is made by an'agent and the principal is disclosed and the agent is known to be acting as such, the latter cannot be made personally liable unless he agrees to be so. Whitney v. Wyman, U. S. 25 Daw Ed. 1050; Ames v. Holderbaum, C. C. 44 Fed. 224; Benson v. Post, Dak. y N. W. 684; Post v. Pearson, U. S. 27 Law. Ed. 774; Monticello Bank v. Bostwick, C. C. 71 Fed. 644. The rule that parole,…
1Opinion of the CourtFuller, P. J.
This appeal is from a judgment for $335, including interest and from an order overruling a motion for a new trial in an action arising on contract, a copy of which is given in the complaint as follows:
“This article of agreement, by and between I. Dickinson and Dan W. Dickinson, as parties of the first part, and George-Schriner, party of the.second part,, witnesseth: That the parties of the first part take an option on the following .described real estate, namely: Southeast of, nine. (9), township one hundred, an.d .three (-IQ3), range fifty-eight (58), for the sum of three .hundred dollars…
2Cases cited11 opinions
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
- Gilbert v. Moline Plough Co.Supreme Court of the United States · 1886
- Washabaugh v. HallSouth Dakota Supreme Court · 1893
- Stutsman County v. MansfieldSupreme Court Of The Territory Of Dakota · 1888
- Finch v. ParkSouth Dakota Supreme Court · 1899
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3Cited by4 opinions
- In Re GridleyUnited States Bankruptcy Court, D. South Dakota · 1992
- International Milling Co. v. ReiersonSouth Dakota Supreme Court · 1929
- Western MacHinery Company, a Corporation v. Northwestern Improvement Company, a CorporationCourt of Appeals for the Ninth Circuit · 1958
- Schwitz v. ThomasSouth Dakota Supreme Court · 1916