Price v. Hubbard
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. LoriNG E. GrAFFY, Judge. Action for balance due on a contract for the purchase of land. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The facts are stated in the opinion. In the absence of fraud or mistake, a written contract of sale of land cannot be varied by proof of antecedent or contemporaneous verbal agreement as to what the vendor should do in consideration of the purchase.
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Appeal from circuit court, Hughes county. Hon. LoriNG E. GrAFFY, Judge. Action for balance due on a contract for the purchase of land. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The facts are stated in the opinion. In the absence of fraud or mistake, a written contract of sale of land cannot be varied by proof of antecedent or contemporaneous verbal agreement as to what the vendor should do in consideration of the purchase. Custean v. St. Louis, 60 N. W. 425; Washabaugh v. Hall, 56 Id. 82; Hutchinson v. Cleary 55 Id. 729; Barnard v. Galloway 58 Ill.…
1Opinion of the CourtFuller, J.
This is an action to recover $1,150, alleged to be the balance due from defendant to plaintiff on account of -the *94sale of certain real estate, evidenced by a warranty deed executed and delivered by plaintiff to defendant on the 18th day of December, 1890, and in consideration of the sum of $2,500, and it is averred that no part thereof has been paid, except the sum of $1,350. Defendant admits the execution and delivery of the deed, and the payment of $1,350, which sum he seeks to recover from plaintiff by way of counterclaim for damages alleged to have been sustained by reason of a breach of…
2Cases cited3 opinions
- Cheney v. StraubeNebraska Supreme Court · 1892
- Wilson v. IrishSupreme Court of Iowa · 1883
- Hamilton v. LuskSupreme Court of Georgia · 1892
3Cited by3 opinions
- Warren v. StoddartIdaho Supreme Court · 1899
- Strunk v. SmithSouth Dakota Supreme Court · 1896
- Zerfing v. SeeligSouth Dakota Supreme Court · 1899