Hirsch v. Schlenker
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. ’ ■ Action by Graddy Hirsch against Adam Schlenker to recover the balance due upon a contract. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
Plaintiff’s husband and defendant were co-partners, each owning an undivided half interest in certain realty which was occupied by the firm. Hirsh conveyed his *290interest to plaintiff, January 8, 1896. The co-partnership was dissolved by mutual consent, January 14, 1896, when defendant assumed the debts of the firm, and agreed to pay Hirsh $200 upon the delivery to him of a deed from plaintiff conveying an undivided half interest in the realty. Hirsch delivered the deed from his wife to defendant, who paid him $109, leaving a balance of $91. Hirsch died August 25, 1896. This action was…
2Cases cited1 opinion
- Church v. FoleySouth Dakota Supreme Court · 1897