Klaveness v. Freese
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, judge. Action by Eivind Klaveness against John M. Freese, for damages for alleged deceit. From a judgment for .plaintiff for an alleged insufficient amount, he appeals. The value of the real estate transferred in exchange for the stock, is immaterial. The .plaintiff is entitled to the ¡benefit of any bargain he may have made.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, judge. Action by Eivind Klaveness against John M. Freese, for damages for alleged deceit. From a judgment for .plaintiff for an alleged insufficient amount, he appeals. The value of the real estate transferred in exchange for the stock, is immaterial. The .plaintiff is entitled to the ¡benefit of any bargain he may have made. The court’s -instruction on this point did not eliminate the error or modify the .prejudicial effect of the evidence. Howard v. Sexton, 4 M Y. 157; Upton v. Hume, 24 Ore. 420, 41 A. S. Rep. 863. Such…
1Opinion of the CourtGates, J.
Action for deceit. The complaint alleges, in substance, that on September 23, 1909, plaintiff traded to defendant certain lots in Sioux Eads for 550 shares of the capital stock of the Standard Assembler Company, and 550 shares of the -Cox Multi-Mailer Company; that as a part of said transaction defendant loaned plaintiff $2,500, of which $2,000 -was used to pay off a mortgage upon the lots; that at defendant’s request the -deed to the lots was made to one McCombs of Chicago., and the note and the -mortgage of $2,500 was made payable to one Earson of Oak Park; that plaintiff was induced to…
2Cases cited10 opinions
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
- Collins v. ChipmanCourt of Appeals of Texas · 1906
- Arneson v. SpawnSouth Dakota Supreme Court · 1891
- Parliman v. YoungSupreme Court Of The Territory Of Dakota · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bakker v. IrvineSouth Dakota Supreme Court · 1994
- State Highway Commission v. MadsenSouth Dakota Supreme Court · 1963
- Watson v. GardnerSupreme Court of Minnesota · 1931
- Arneson v. NergerSouth Dakota Supreme Court · 1914
- Sayer v. LeeSouth Dakota Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.