McEwen v. Gotthelf
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha.County. Hon. Joseph W. Jones, Judge. - ■ Action by John F. McEwen against Ed. J. Gotthelf, for an ac-county for proceeds of co-tenancy in land sold.
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Appeal from Circuit Court, Minnehaha.County. Hon. Joseph W. Jones, Judge. - ■ Action by John F. McEwen against Ed. J. Gotthelf, for an ac-county for proceeds of co-tenancy in land sold. From a judgment, on -trial to the court, for plaintiff and 'from an order denying a new trial, defendant appeals.- The counsel says, that this optional contract, which is marked Exhibit “A” in this case, is not enforceable, is not binding, and is of no consequence of any name, nature or description, in this case. Is that not a queer position for the counsel to take when it appears absolutely and unequivocally…
1Opinion of the CourtGates, J.
This action was begun in October, 1911, for an accounting between tenants in common upon the sale of their land and for the recovery by plaintiff of his alleged share of the additional consideration received 'by defendant over and above the amount ^reported- by defendant to plaintiff. The action was tried by the court without a jury. The court found that the defendant knowingly and fraudulently withheld from plaintiff the facts in regard to such additional consideration for the purpose of'cheating and defrauding plaintiff. Judgment was entered in favor of plaintiff and against the defendant…
2Cases cited10 opinions
- Childress v. SmithTexas Supreme Court · 1897
- Hoyt v. LightbodySupreme Court of Minnesota · 1906
- Lewis v. JacobsMichigan Supreme Court · 1908
- Gamble v. LofflerSouth Dakota Supreme Court · 1911
- Calkins v. WorthIllinois Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cole v. ReileySouth Dakota Supreme Court · 1914
- Todd v. BurgerSouth Dakota Supreme Court · 1913
- Lounsberry v. KellySouth Dakota Supreme Court · 1914