Legal Opinion · Concurrence

Hall v. Reynolds

South Dakota Supreme Court

Decided April 18, 1919No. File No. 4449Published

Appeal from 'Circuit Court, Lake County. Hon. -Louis L. FleEGER, Judge. Action by John Hall, against J. W. Reynolds, to recover a commission on a sale of realty. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant cited: King v. Dahl, 84 N. W. 736.

1ConcurrenceWhiting, J.

(concurring .specially). I could not agree with my colleagues upon the merits of this case. I do, however, concur in the affirmance of the order and judgment appealed from because of the fact that, under the holdings of this court in State v. McCallum, 23 S. D. 528, 122 N. W. 586, Rogers v. Penobscot Mining Co., 26 S. D. 52, 127 N. W. 471, Donahoe v. Adebar, 34 S. D. 471, 149 N. W. 175, and Lytle v. McGruder, 36 S. D. 506, 155 N. W. 771, there is no printed record before us which we are warranted in considering. The defects in appellant’s printed record were noted in respondent’s brief, and…

2Cases cited3 opinions

  1. State v. McCallumSouth Dakota Supreme Court · 1909
  2. Donahoe v. AdebarSouth Dakota Supreme Court · 1914
  3. Lytle v. McGruderSouth Dakota Supreme Court · 1915

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