Legal Opinion

Barnes v. Clement

South Dakota Supreme Court

Decided April 7, 1896PublishedCited by 1 opinion

Appeal from circuit court, Grant county. Hon. J. 0. Andrews, Judge. Action for money had and received. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. When a vendee enters upon the performance of his contract to purchase, and paying part of the consideration, makes inexcusable default, he cannot maintain an action to recover the money paid. Carlson v. Dow, 47 Minn. 535. See, also, Grant v. Murch, 54 Minn.

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Appeal from circuit court, Grant county. Hon. J. 0. Andrews, Judge. Action for money had and received. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. When a vendee enters upon the performance of his contract to purchase, and paying part of the consideration, makes inexcusable default, he cannot maintain an action to recover the money paid. Carlson v. Dow, 47 Minn. 535. See, also, Grant v. Murch, 54 Minn. Ill; Lawrence v. Miller, 86 N. Y. 131; Havens v. Patterson, 43 N. Y. 218; Easton v. Montgomery, 90 Cal. 307; Bradford v. Parkhurst, 96 Cal. 102; 28 Am. &…

1Opinion of the CourtFuller, J.

To the complaint herein, which states a cause of action for money had and received by defendant on the 15th day of September, 1891, to and for the use and benefit of plaintiff, the defendant interposed an answer which amounts to a general denial. There being no valid objection to the introduction of evidence, the parties, without amended pleadings, were allowed to establish the following state of facts: On the 15th day of September, 1888, they entered into a written agreement, of which time was expressly declared to be of the essence, and by which the defendant agreed to sell plaintiff a…

2Cited by1 opinion

  1. Smith v. Detroit & D. Gold Min. Co.South Dakota Supreme Court · 1903

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