Minder & Jorgenson Land Co. v. Brustuen
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. C. X. Sbwaed, Judge. Action by -the Minder & Jergenson Land Company against Ole P. Brustuen, for money paid by plaintiff at defendant’s request. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. Appellant’s 'brief does not seem to embrace the phases of the case involved in the decision of the Supreme Court on this appeal.
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Appeal from Circuit Court, Roberts County. Hon. C. X. Sbwaed, Judge. Action by -the Minder & Jergenson Land Company against Ole P. Brustuen, for money paid by plaintiff at defendant’s request. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. Appellant’s 'brief does not seem to embrace the phases of the case involved in the decision of the Supreme Court on this appeal. Certainly if these facts alleged in the complaint were true the defendant could not be heal'd to say that he was under no obligations either to deed the land or to repay the money.…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment in favor of the plaintiff on its second cau-se of action alleged in the complaint, and from -the order denying a new trial. The facts and substance of the contracts entered into between the plaintiff and defendant and between the plaintiff and Priess Bros, are fully set forth in -the opinion in 24 S. D. 537, 124 N. W. 723, and in the decision on rehearing in 26 S. D. 38, 127 N. W. 546, in which tire former opinion of this court was reversed..On rehearing, the majority of the court held that, by reason of certain transactions occurring between…
2Cases cited2 opinions
- Minder & Jorgenson Land Co. v. BrustuenSouth Dakota Supreme Court · 1910
- Minder & Jorgenson Land Co. v. BrustuenSouth Dakota Supreme Court · 1910
3Cited by2 opinions
- Roussel v. RussellSupreme Court of Oklahoma · 1959
- Minder & Jorgenson Land Co. v. BrustuenSouth Dakota Supreme Court · 1913