Way v. Johnson
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Howard G. Fuller, Judge. Action to recover money paid by plaintiff upon a contract for the purchase of real estate. Judgment for defendants, and plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Hughes county. Hon. Howard G. Fuller, Judge. Action to recover money paid by plaintiff upon a contract for the purchase of real estate. Judgment for defendants, and plaintiff appeals. The facts are stated in the opinion. The trial court based its decision in directing a verdict for the defendants, upon the conclusion he derived from the evidence, that “defendants had performed all the conditions of their obligation and that a reasonable time had elapsed before writing the letter of October 31, 1889, and that it would be necessary before plaintiff could maintain his…
1Opinion of the CourtCorson, J.
This was an action to recover the sum of $1,000, paid upon the following memorandum of agreement, which is set out in the complaint: “Pierre, Dakota, 10 — 5— 1889. Received of W. H. Brown; for B. T. Way, $1,000, to apply on the purchase of Lots Nos. 13 to 18, inclusive,, block 3, in Original Plat addition to the city of Pierre, according to the recorded plat thereof. Price $10,000. Terms, $5,000 cash on delivery of deed; balance as follows, to-wit: Assume mortgage incumbrance of $2,500, and give mortgage for $2,500, due in one year; deed to be delivered and money paid on or before 10 days. It…
Also in this document: Concurrence.
2Cases cited7 opinions
- Easton v. MontgomeryCalifornia Supreme Court · 1891
- Cleary v. FolgerCalifornia Supreme Court · 1890
- Drew v. PedlarCalifornia Supreme Court · 1891
- Phelps v. BrownCalifornia Supreme Court · 1892
- Dennis v. StrassburgerCalifornia Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Spiking v. Consolidated Ry. & Power Co.Utah Supreme Court · 1908
- Malmberg v. BaughUtah Supreme Court · 1923
- Barnes v. ClementSouth Dakota Supreme Court · 1899
- Pfeiffer v. NormanNorth Dakota Supreme Court · 1911
- Hawkins v. StoffersWyoming Supreme Court · 1929
3 more not listed; retrieve them via the Exa API.