Zarneke v. Kitzman
South Dakota Supreme Court
Appeal .from Circuit Court, Spink County. Hon.' Alva E. TayloR, Judge. Action by A. V. Zarneke and E. T. Fryer, against Mike Kitzman, to recover a commission on an alleged sale of realty. From an order granting defendant a new trial, plaintiffs appeal.
1Opinion of the Court
SMITH, J.'
Appeal from an order granting defendant a new trial upon the ground of newly discovered evidence. No other errors are assigned, and the record contains only such matters as are technically material to a review of the order.
The action was to recover commissions for the alleged sale of 640 acres of land owned by defendant, which plaintiffs claim was listed with them on the. following terms, namely: Price, $65 per acre;.$2,500, cash upon execution of a contract of sale; $7,500 to be paid March 1, 1920, balance'in 10 years from March 1, 1920, with interest at 6 per cent, per annum.…
2Cases cited14 opinions
- Mitchell v. BassTexas Supreme Court · 1862
- Berggren v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1918
- Scheuer v. StateMontana Supreme Court · 1904
- Guth v. BellSupreme Court of Iowa · 1911
- Protection Life Insurance v. DillIllinois Supreme Court · 1878
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3Cited by6 opinions
- State v. GehmSouth Dakota Supreme Court · 1999
- Clarke v. PelterSouth Dakota Supreme Court · 1923
- Dacotah Packing Co. v. BertelsonSouth Dakota Supreme Court · 1927
- State v. WestonSouth Dakota Supreme Court · 1924
- Wasem v. EllensSouth Dakota Supreme Court · 1942
1 more not listed; retrieve them via the Exa API.