Churchill & Alden Co. v. Ramsey

This case was here, on a former appeal and is reported in 42 S. D. 23, 172 N. W. 779. On the first trial, findings and judgment were in favor of the plaintiff, but we reversed that judgment because of the incompetency of the evidence by which the allegations of fraud contained in the complaint were proved. The case went back for retrial. The complaint was amended so as to change the issues to some extent, and the incompetent evidence that was used on the first trial was supplied by competent evidence of the same facts on the second trial. However, the trial coúrt reached a conclusion on the…