Windedahl v. Harris
South Dakota Supreme Court
Appeal from Circuit Court, Walworth County. Hon. Joseph H. Bottum, Judge. Action by Henry O. Wincleclahl and another, against J. W. Harris and another, for rescission of a contract of exchange of land for hardware. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal.
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Appeal from Circuit Court, Walworth County. Hon. Joseph H. Bottum, Judge. Action by Henry O. Wincleclahl and another, against J. W. Harris and another, for rescission of a contract of exchange of land for hardware. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. (4) To point four of the opinion, Appellants cited: McKnight v. Thompson, (Neb.) 58' N. W. 453; Wyman v. Wil-marth, 1 S. D'. 172. (8) To; point eight of the opinion, Respondents cited: Jones on Ev., Vol. 1, Sec. 58, p. 511; State ex rel. Wilwaulcee Medical College v. Chittenden et al., 107 N.…
1Opinion of the CourtWhiting, J.
'Plaintiffs seek to rescind an executed contract under which they conveyed a stock of hardware to the defendant Harris in exchange for 280 acres of land situate in Deuel county, S. D. For the purposes of this appeal Harris will be treated as the sole defendant and appellant. The action was tried before the court and a jury. The jury answered certain special findings submitted to it. These finding's were all, with the exception of one, incorporated into the court’s findings. Its findings and conclusions were in favor of the plaintiffs, and judgment was entered thereon. From such judgment and…
2Cases cited1 opinion
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