Hilton v. Advance Thresher Co.
South Dakota Supreme Court
Appeal from circuit court, Lake county Hon. Joseph W. Jones, Judge. Action, by Daniel L. Hilton against the Advance Thresher Company. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lake county Hon. Joseph W. Jones, Judge. Action, by Daniel L. Hilton against the Advance Thresher Company. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action, and it appears that respondent waited an unreasonable length of time before attempting to rescind the alleged contract for the purchase of the notes, no excuse for such delay being either pleaded or proven. Kingsley v. Wallis, 14 Me. 57; Gatling v. Newell, 9 Ind. 572; Rosenfield v. Swenson, 45 Minn.…
1Opinion of the CourtFuller, J.
Plaintiff, in his complaint, alleges, among other things, that on or about the 23d day of December, 1891, he purchased from the defendant two promissory notes, of $200 each, executed by L. C. and H. O. Bangs, which were amply secured by a chattel mortgage filed in the office of the register of deeds bn the 9th day of October, 1890; that as consideration for said notes, and an agreement on the part of defendant to execute an assignment of said mortgage, and file the same in the office of the ¡registe? of deeds, plaintiff paid to defendant *415$419.72; that defendant has at all times failed and…
2Cited by4 opinions
- Creveling v. BantaSupreme Court of Iowa · 1908
- Basye v. Paola Refining Co.Supreme Court of Kansas · 1909
- Aimonetto v. Rapid Gas, Inc.South Dakota Supreme Court · 1964
- Hale v. KobbertSupreme Court of Iowa · 1899