Cosand v. Bunker
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county.. Hon. Frank R. Aikens, Judge. Action by Charles Cosand to recover $850 from Lydia Bunker for the surrender of certain leased premises and sale of an interest in personal property. Plaintiff had judgment. Defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Minnehaha county.. Hon. Frank R. Aikens, Judge. Action by Charles Cosand to recover $850 from Lydia Bunker for the surrender of certain leased premises and sale of an interest in personal property. Plaintiff had judgment. Defendant appeals. The facts are fully stated in the opinion. The trial court erred in refusing to instruct the jury as requested by defendant, that if defendant did agree to pay plaintiff $500 for a cancellation of the lease and a surrender of the possession of the premises, still plaintiff could not recover as the contract was not in writing,…
1Opinion of the Court
Corson. P. J.
This was an action to recover the sum of $850 for the surrender of certain leased premises and sale of an interest in personal property. Verdict and judgment for plaintiff. Motion for a new trial made and overruled. Defendant appeals to this court from judgment and order. The plaintiff, in his complaint, alleges that in March, 1888, he leased certain real estate and personal property in Minnehaha county from defendant for a term of three years; that in October, 1889, defendant agreed that, if plaintiff would surrender to her the possession of all of said premises, and sell to her…
2Cases cited13 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Thayer v. . ManleyNew York Court of Appeals · 1878
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- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
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