Graham v. Selbie

The issues involved in this appeal are fully stated in the former decision of this court wherein the judgment of the circuit court was affirmed; Corson, P. J., dissenting. 8 S. D. 604, 67 N. W. 831. A careful re-examination of the record, aided by the able and exhaustive argument of counsel, has led a majority of the court to adhere to the views expressed in its former opinion. As suggested therein, it is probable that the transaction, as between plaintiff and Miller, might have been regarded as a joint or partnership venture, by which each of the parties acquired an interest in the premises…