Roper v. Noel
South Dakota Supreme Court
Appeal from Circuit Court, Hyde County. Hon. Lyman T. Boucher, Judge. ■ Action by C. E. Roper and another against Charles E- Noel and others, to recover for alleged fraud and deceit. From a judgment for plaintiffs, and from an order denying a new trial, defendant Noel appeals. There was no agreement between Noel and Elliot to defraud the plaintiffs. Plaintiffs abandoned the theory of conspiracy and tried the case along the line of fraud by Mr. Elliot as agent of Mr. Noel.
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Appeal from Circuit Court, Hyde County. Hon. Lyman T. Boucher, Judge. ■ Action by C. E. Roper and another against Charles E- Noel and others, to recover for alleged fraud and deceit. From a judgment for plaintiffs, and from an order denying a new trial, defendant Noel appeals. There was no agreement between Noel and Elliot to defraud the plaintiffs. Plaintiffs abandoned the theory of conspiracy and tried the case along the line of fraud by Mr. Elliot as agent of Mr. Noel. There was, however, no pleading to sustain such a theory of the- case. No fraud was committed by Noel. The evidence shows…
1Opinion of the CourtGates, J.
The defendant J. IT. Corey, a resident of Nebraska, owned the N. E. Ej of section 30, township 112, range 80, in Hughes county, S. D. ITe placed -the land with the defendant Noel, a real estate dealer of Highmore, S. D., for sale or trade. Plaintiffs lived at Et. Dodge, Iowa. They owned a cigar store. ’ They advertised in a newspaper their store, offering to trade for South Dakota real estate. Corey -saw. this advertisement, and wrote Roper that he had a piece of land in Hughes county, S. D., and that Noel was looking after it for him. Corey wrote Noel about the matter, and Noel wrote Roper…
2Cases cited2 opinions
- Scott v. Boyne City, Gaylord & Alpena RailroadMichigan Supreme Court · 1912
- Lovelett v. HeumpfnerSouth Dakota Supreme Court · 1913
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- Estate of Elliott Ex Rel. Elliott v. a & B Welding Supply Co.South Dakota Supreme Court · 1999
- Sperry Corp., Sperry New Holland Division v. SchaefferSouth Dakota Supreme Court · 1986
- Delka v. Continental Casualty Co.South Dakota Supreme Court · 2008
- James River Equipment Co. v. Beadle County Equipment, Inc.South Dakota Supreme Court · 2002
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