Clement v. Rowe
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon Cuu. G. Sherwood, Judge. Action by Joseph S. Clement against H. S. R-owe, to recover for value of land conveyed by plaintiff to a third party, upon promise of defendant to reimhurse, etc. From an order of trial court setting aside a directed verdict for defendant, and granting a new trial" to plaintiff, defendant appeals.
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Appeal from Circuit Court, Codington County. Hon Cuu. G. Sherwood, Judge. Action by Joseph S. Clement against H. S. R-owe, to recover for value of land conveyed by plaintiff to a third party, upon promise of defendant to reimhurse, etc. From an order of trial court setting aside a directed verdict for defendant, and granting a new trial" to plaintiff, defendant appeals. The agreement itself, on the evidence of plaintiff, conclusively establishes the fact that the agreement was one which could not be performed within one year from the time of the making thereof, it being expressly provided…
1Opinion of the CourtGates, J.
Action on contract for the recovery of money only. Paragraph two of the complaint is as follows: “2. That on the said date, (No-v. 7, 1908), defendant submitted to plaintiff a proposition as follows, to-wit: If you will take 160 shares of the preferred treasury stock of the Blue Bell Medicine Company, a South Dakota corporation, with its office at Watertown South Dakota, upon my' representation as to their value, and I represent to you that 160 shares of the preferred treasury stock of said company is of the value, and worth $16,000, and transfer to the Medicine Company, your real estate in…
2Cases cited5 opinions
- Seymour v. OelrichsCalifornia Supreme Court · 1909
- Townsley v. SumrallSupreme Court of the United States · 1829
- Pierce v. Estate of PaineSupreme Court of Vermont · 1855
- Swift v. SwiftCalifornia Supreme Court · 1873
- Sweeny v. United Underwriters Co.South Dakota Supreme Court · 1912
3Cited by11 opinions
- Earhart v. William Low Co.California Supreme Court · 1979
- Oklahoma Natural Gas Corp. v. DouglasSupreme Court of Oklahoma · 1934
- Kunzmann v. PetteysSupreme Court of Colorado · 1923
- Lingelbach v. LuckenbachWisconsin Supreme Court · 1919
- Pierce v. RothwellWyoming Supreme Court · 1928
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