Legal Opinion

Tuthill v. Sherman

South Dakota Supreme Court

Decided November 22, 1917No. File Nos. 4185-4193PublishedCited by 3 opinions

Appeal from Circuit' Court, Minnehaiha County. Hon. Joseph W. Jones, Judge. " Action by,S. G. Tuthill, against P. F., Sherman,, to recover damages for alleged breach of a contract of sale of insurance stock-to foe consummated in future.

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Appeal from Circuit' Court, Minnehaiha County. Hon. Joseph W. Jones, Judge. " Action by,S. G. Tuthill, against P. F., Sherman,, to recover damages for alleged breach of a contract of sale of insurance stock-to foe consummated in future. From a judgment for plaintiff for part of relief prayed for-, and from an- order denying a hew trial, plaintiff appeals, and defendant cross-appeals. _ (2) To. point two of the opinion, Defendant ,and Cros^T Appellant, Cited: S'teere -v. Gingery, 24 S. D. 423, 123 N.-.W, 863; .Murphy v. P'lankinton Bank, 20 S. D. 178, 105 N. W; 245; Driskill'v. Rebbe, 22, S.…

1Opinion of the CourtWhiting, J.

This cause was before us upon appeal from a judgment rendered on a former trial, our opinion being- reported-in Tuthill v. Sherman, 36 S. D. 237, 154 N. W. 518. Reference is made to such opinion for a statement of the cause of action thén pleaded. It will be seen that, upon the former trial, plaintiff sought to recover the alleged purchase price of certain insurance stock, such alleged1 right of recovery being based upon á written contract the material parts of which will be found recited in our former opinion, plaintiffs theory being that thé contract was one’ of sale under which-title…

2Cases cited3 opinions

  1. Ewert v. TaylorSouth Dakota Supreme Court · 1916
  2. Patterson v. PlummerNorth Dakota Supreme Court · 1901
  3. Tuthill v. ShermanSouth Dakota Supreme Court · 1915

3Cited by3 opinions

  1. Janssen v. TushaSouth Dakota Supreme Court · 1941
  2. Hemmer-Miller Development Co. v. Hudson InsuranceSouth Dakota Supreme Court · 1934
  3. Stoefen v. BrooksSouth Dakota Supreme Court · 1941

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