Kline v. Gingery
South Dakota Supreme Court
Appeal from Cjrcuit Court, Jerauld County. Hon. Frank B. Smith, Judge. Action by William Kline and others against C. E. Gingery. Pending the action defendant died, and Henrietta Mae Gingery, executrix of his will, was substituted. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment entered in favor of the plaintiffs. The action was instituted by the plain-tiffs against C. E. Gingery, since deceased, for the purpose of obtaining a decree rescinding a contract of sale of a certain stallion .sold by said Gingery to the plaintiffs for breach of a written guaranty, and on the ground of fraudulent representations made by the defendant, C. E. Ginger)', to the plaintiffs in regard to said stallion. Issue was joined in said *17action, and before the trial thereof the defendant died testate, and the present defendant was appointed…
2Cases cited8 opinions
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Roach v. CaraffaCalifornia Supreme Court · 1890
- Toulouse v. BurkettIdaho Supreme Court · 1886
- Tyler v. MayreCalifornia Supreme Court · 1892
- In re McCAUSLANDCalifornia Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Engebretson's EstateSouth Dakota Supreme Court · 1941
- Meade County v. WelchSouth Dakota Supreme Court · 1914
- Engebretson v. GraffSouth Dakota Supreme Court · 1941
- Kruger v. KrugerSouth Dakota Supreme Court · 1976