Kennedy v. Hasselstrom
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Revi McGee, Judge. Action by Austa Kennedy, against A. F. Hasselstrom, to recover purchase pni-ce paid -by plaintiff fo-r certain personalty purchased- of defendant. From a judgment for plaintiff, and from an order denying a- new trial, defendant appeals.
Read the full summary
Appeal from Circuit Court, Pennington County. Hon. Revi McGee, Judge. Action by Austa Kennedy, against A. F. Hasselstrom, to recover purchase pni-ce paid -by plaintiff fo-r certain personalty purchased- of defendant. From a judgment for plaintiff, and from an order denying a- new trial, defendant appeals. (i) To point one of the opinion, (subid, i), Appelant cited: Connor v. Henderson, 15 Mass., 319; Strong v. Strong 102 N. Y., 69. To s-uibd. 2; B-o-wen v. Mamdervillie, 95 N. Y., 237; and cases cited in the text; 6 Ruling Case Raw, 932, Sec. 316, and cases cited in the notes. Respondents…
1Opinion of the CourtWhiting, P. J.
By plaintiff’s -original complaint, she sought to recover the price -she had paid for certain personal -property purchased of defendant, basing such claimed right of recovery on an alleged rescission of the purchase. Her amended complaint, while containing an -allegation of an offer -to rescind --and a refusal of defendant to accept a return of the property purchased, contained all the essential allegations -of an action for damages caused bj' fraúd and' deceit. - Such alleged fraud and deceit consisted-in'false'representations that defendant was the owner of the *64property. The trial court…
2Cases cited1 opinion
- Hull v. CaldwellSouth Dakota Supreme Court · 1893