Barker v. Coats
South Dakota Supreme Court
Appeal from. Circuit Court, Brown County. Hon. Thomas L. Boucic. Judge. Action by Arthur W. Barker, -against F. S. Coats, to recover a commission upon an exchange of lands. From' a judgment for plaintiff, and from, an order -denying a new trial, defendant appeals.
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Appeal from. Circuit Court, Brown County. Hon. Thomas L. Boucic. Judge. Action by Arthur W. Barker, -against F. S. Coats, to recover a commission upon an exchange of lands. From' a judgment for plaintiff, and from, an order -denying a new trial, defendant appeals. (2) To -point two of the opinion, Appellant cited: Rilko vs. Gove (Minn.) 1-13 N„ 'W. 629; 'Sigaifus vs. Porter (U. S.) 45 L. Ed. 116; Roberts' vs. Halliday (S. D.) 74 N. W. 1034- Respondent cited: McCabe vs. Desnoyers, 20 S. D. 581. (4) To point four, Appellant cited-: 2 Elliott on Evidence, .Sec. 893; 40 'Cy-c. 2480.
1Opinion of the CourtWhiting, P. J.
This cause was before us on -appeal from a former trial bad in the circuit court, our opinion being found in Barker v. Coats, 34 S. D. 291, 148 N. W. 134. Upon such .appeal we remanded 'the cause for a new' trial. Upon the second' trial the jury found with the -plaintiff, and from, the judgment entered upon *47its verdict and from; an order denying a new trial' this appeal was taken.
[i] Appellant contends that the evidence is insufficient to support the verdict. The sole question for the jury to determine was, as upon- the first trial, whether plaintiff was shown section 15, .or whether, as…
2Cases cited2 opinions
- Hallen v. MartinSouth Dakota Supreme Court · 1918
- Barker v. CoatsSouth Dakota Supreme Court · 1914
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