Sweet v. Purinton
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. Levi McGee, Judge. Action by Gilbert E. Sweet, against E. Purintcn, to quiet title to realty, a half interest in which was sold by plaintiff to defendant. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Meade County. Hon. Levi McGee, Judge. Action by Gilbert E. Sweet, against E. Purintcn, to quiet title to realty, a half interest in which was sold by plaintiff to defendant. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. (3) To point three of the opinion, re option contract appellant cited: 6 Words & Phrases, p. 5001 ; McMillan v. Philadelphia Co., 28 Atl. 220; 2 Words & Phrases, p. 1534; 39 Cyc. 1179-80; 27 Cyc. 981; Bank v. Edgar, (Nebr.) 91 N. W. 404; 29 Am. & Eng. Ene. of Law, pag-es 770-772; Philips v. Gross,…
1Opinion of the CourtMcCOY, J.
This action was instituted to have the title to certain lands 'quieted in plaintiff and for a decree in ejectment •against defendant, and also to recover the sum of' $2,000 as rents and profits for the use of said land. The answer alleged that plaintiff, being the owner of the legal -title, entered into an agreement with -defendant whereby the defendant was to purchase a one-half interest in said land, and that at the time of -entering into -said agreement tlhe defendant paid to plaintiff $1,000 in cash, and executed a note for the sum of $3,850 payable to plaintiff, and- that the plaintiff…
2Cases cited12 opinions
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