Barton v. Koon
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by C. S. Barton against J. Lee Koon and others. Judgment for plaintiff. Defendants appeal. The original contract pleaded and reíied upon was in writing, and the modification pleaded must be construed as being also in writing.
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Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by C. S. Barton against J. Lee Koon and others. Judgment for plaintiff. Defendants appeal. The original contract pleaded and reíied upon was in writing, and the modification pleaded must be construed as being also in writing. But the proof fails to show a written modification, but instead respondent attempts to. show a partial oral modification of the original written- contract in an essential particular, which contract is within the statute of frauds. Such a contract cannot rest partly in writing and partly in parole.…
1Opinion of the CourtHaney, J.
In this action the circuit court found the facts to be as follows: “(1) That during the month of September, 1901, and prior thereto, said plaintiff and one Bert Deitz were doing business at the city of Aberdeen, in said county and state, under the firm name of Barton &. Deitz. (2) That during said time said defendants were doing business as a partnership under the firm names *9and styles set forth in the title to this action. (3) That on the 2nd day of September, 1901, said Barton & Deitz and said defendants entered into a contract in writing, wherein said Barton & Deitz contracted to sell and…
2Cases cited1 opinion
- Jackson v. Prior Hill Min. Co.South Dakota Supreme Court · 1905
3Cited by1 opinion
- Steensland v. NoelSouth Dakota Supreme Court · 1912