Tuthill v. Sherman
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by S. G. Tuthill against P. F. Sherman, to recover purchase price under an alleged sale of corporate stock to defendant. From an order granting defendant a new trial, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by S. G. Tuthill against P. F. Sherman, to recover purchase price under an alleged sale of corporate stock to defendant. From an order granting defendant a new trial, plaintiff appeals. (3) To point three of the opinion, appellant cited: Mechem on (Sales, Vol. 1, Secs. 1, 2, 3, 4, 5, 483, 35 Cyc. 274-276; Decker v. Furniss, 14 N. Y. 611; Acme Food Co. v. Older, 17 L. R. A. (N. S.) 807; Goddard v. Binney, 15 Am. Rep. 112; Mason v. Decker, 72 N. Y. 595; Lincoln Shoe Mfg. Co. v. Sheldon, 62 N. W. 480; Wade v.…
1Opinion of the CourtWhiting, J.
The trial court directed a verdict for plaintiff, and then granted defendant’s motion for a new trial. This appeal is from the order granting the new trial. Plaintiff sued to recover the sum of $3,500, and interest, which he claimed to be due him upon the sale of certain- corporate stock under a written contract entered into by him, as party of the first part, with defendant, as party of the second part. -That portion of the contract material to our present discussion is in words and figures as follows:
“Tu-thill, party of the first part, hereby agrees to sell and * * * Sherman, party of the…
2Cases cited6 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Lassing v. JamesCalifornia Supreme Court · 1895
- Baker v. McDonaldNebraska Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tuthill v. ShermanSouth Dakota Supreme Court · 1917
- Boroseptic Chemical Co. v. NelsonSouth Dakota Supreme Court · 1928