Salmonson v. Horswill
South Dakota Supreme Court
Appeal from the Municipal Court of Watertown, S. D. Hon. Irvin H. Muyjírs, Judge. Action by Marcus -Salmonson, against R. J. Horswill to recover the purchase price of a span of mules sold by plaintiff to defendant. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (4) To point four of the opinion, Appellant cited: Jones v. Stewart (Neb.) 87 N. W. 12. Respondent cited: Civ.
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Appeal from the Municipal Court of Watertown, S. D. Hon. Irvin H. Muyjírs, Judge. Action by Marcus -Salmonson, against R. J. Horswill to recover the purchase price of a span of mules sold by plaintiff to defendant. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (4) To point four of the opinion, Appellant cited: Jones v. Stewart (Neb.) 87 N. W. 12. Respondent cited: Civ. Code, Sec. 1201, 1292-3; Parker v. Ausland, 82 N. W. 402; iSoclcman v. Kein (N. D.) 124 N. W. 64; Brown v. Gray, 72 Am. Dec. 563; Thomas v. Murphy, (Minn.) 91 N. W. 1097; 20 Cyc. 63.
1Opinion of the Court
■WHITING, J.
Respondent purchased a span of mules from appellant in May, 1916. Upon the day upon which respondent came into possession of the mules, being the day following such purchase, she returned them, and appellant has ever since retained their possession. Appellant brought this action to recover the agreed purchase price, and respondent defended upon the ground that sine was led to make the purchase through fraud and deceit practiced upon her by appellant, -and that upon discovering such fraud and deceit she rescinded the contract. Trial was had to the court without a jury. The trial…
2Cases cited10 opinions
- Lunn v. . ShermerSupreme Court of North Carolina · 1885
- Thomas v. MurphySupreme Court of Minnesota · 1902
- Beeman v. BuckSupreme Court of Vermont · 1830
- Windedahl v. HarrisSouth Dakota Supreme Court · 1916
- Stevens v. Bradley & SonSupreme Court of Iowa · 1893
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