Miller v. Tjexhus
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. . Action by C. J. Miller against Thorston Gudmenson Tjexhus. From a judgment for defendant, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. . Action by C. J. Miller against Thorston Gudmenson Tjexhus. From a judgment for defendant, plaintiff appeals. Mere weak-mindedness, whether natural or .produced by old age, sickness of'other infirmity, unaccompanied by other inequitable incidents, if the person has sufficient intelligence to understand the nature of the transaction and is left h> act upon his own free will, is not a sufficient ground to defeat the enforcement of an executory contract or to set aside an executed agreement or conveyance. Pome-roy’s…
1Opinion of the CourtFuller, J.
As a complete defense to this action to enforce .specific performance of a contract for the sale of a farm, certain false and fraudulent representations were alleged in the original answer, by reason of which the defendant was induced to believe that plaintiff was paying him $32 per acre therefor, and that such was the consideration named in the written agreement, while, as a matter of fact, $22 was wrongfully inserted therein by the authorized agent of plaintiff with the intent to deceive the defendant, whose mental incapacity is alleged as follows: “That the defendant then was, and for a…
2Cases cited1 opinion
- Burkhalter v. JonesSupreme Court of Kansas · 1884
3Cited by6 opinions
- Read v. McKennan HospitalSouth Dakota Supreme Court · 2000
- Ames v. AmesIndiana Court of Appeals · 1910
- Coffee Cup Fuel Stops & Convenience Stores, Inc. v. DonnellySouth Dakota Supreme Court · 1999
- Great Northern Railway Co. v. Sheyenne Telephone Co.North Dakota Supreme Court · 1914
- Church v. BruceWashington Supreme Court · 1927
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