Erwin v. Eakin
South Dakota Supreme Court
Appea-l from- 'Circuit Court, Brown 'County; Hon. Frank Anderson, Judge. Action -by W. I. Er-win and another, co-partners, against Allen C. Eakin. There was judgment for plaintiffs, and defendant appeals therefromi and from an order denying a new trial.
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Appea-l from- 'Circuit Court, Brown 'County; Hon. Frank Anderson, Judge. Action -by W. I. Er-win and another, co-partners, against Allen C. Eakin. There was judgment for plaintiffs, and defendant appeals therefromi and from an order denying a new trial. (1) To point one of the opinion, Appellant cited: Ball v. Dolan, 18 S. D. 5-5-8; Diclity v. Daggett, 23 S. D. 380; Waiter v. Dancey, 23 S. D. 481; Monson v. Kill (111.), 33 N. E. 43; Oliver v. Sattler (111.), 84 N. E. 653; Eagle v. Johnson (Ind.), 71 N. E. 272; Strong v. Ross (Ind.), 71 N. E. 918; Du-ffy v. Hobson, 40 Cal. 240; Darrington v.…
1Opinion of the CourtGates, J.
Action for broker’s commission upon the sale of real estate.
Defendant, a resident of Rockford, 111., was the owner of a 240-acre farm, in Brown county. Plaintiffs were his agents at Groton in looking after the farm. On May 19, 1918, they notified defendant of a loss by cyclone. On May 26, 1918, defendant acknowledged the receipt of the letter and said that if he were given to regretting things he would be sorry he had not sold the farm last summer. On May 28, "1918, plaintiffs wrote defendant, asking if $63.60 per acre net to himi would 'buy the farm. On May 30, 1918, plaintiffs wrote…
2Cases cited1 opinion
- McGilvery v. LawrenceSouth Dakota Supreme Court · 1915
3Cited by1 opinion
- Richardson v. AfdahlSouth Dakota Supreme Court · 1981