Strunk v. Smith
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action by Peter Strunk against George M. Smith and James Smith, co-partners as George M. Smith & Co., and John Smith. Judgment for plaintiff. Defendants appeal. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action by Peter Strunk against George M. Smith and James Smith, co-partners as George M. Smith & Co., and John Smith. Judgment for plaintiff. Defendants appeal. The facts are stated in the opinion. Parol evidence is admissible to establish the terms of a sale, although a memorandum of sale has been given; and although the memorandum may be valid and conclusive so far as it goes, yet parol evidence may be used to show the rest of the agreement. Brigg v. Hilton, 99 N. Y. 517; Pilkins v. Whyland, 24 Id. 339; Perrine v.…
1Opinion of the CourtFuller, J.
Plaintiff instituted this action against the defendants to recover $700, alleged to be the unpaid balance of the agreed consideration for a certain quarter section of land sold and conveyed to the defendant John Smith on the 3d day of December, 1885. Upon findings of fact and conclusions of law prepared and submitted by Charles L. Brockway, Esq., to whom the case was referred, the court rendered judgment against the defendants George M. Smith and James Smith for for the full amount claimed, and therein directed the costs to be taxed against John Smith and his co-defendants jointly. From said…
2Cases cited2 opinions
- Washabaugh v. HallSouth Dakota Supreme Court · 1893
- Price v. HubbardSouth Dakota Supreme Court · 1895
3Cited by7 opinions
- Skoglund v. StaabSouth Dakota Supreme Court · 1981
- Standard Lumber Co. v. Miller & Vidor Lumber Co.Supreme Court of Oklahoma · 1908
- Honnold v. Brd. of Com'rs Carter Co.Supreme Court of Oklahoma · 1916
- Mettel v. GalesSouth Dakota Supreme Court · 1900
- Curtis v. ParhamMontana Supreme Court · 1914
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