Bunkers v. Guernsey
South Dakota Supreme Court
Appeal from Circuit -Court, Minnehaha County. ■ Hon. Louis L. Euüugbr, Judge. Action by Henry Bunkers, against O. E. Guernsey, to recover back surplus purchase money paid for realty. From a judgment for plaintiff, and from an order denying a new trial, plaintiff appeals. Appellant -cited: ■C. C. Secs. 2294, 2289; Wolfinger v. Thomas, 22 S. D. 57; 1-15 N. W. 10b; James River Nat.
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Appeal from Circuit -Court, Minnehaha County. ■ Hon. Louis L. Euüugbr, Judge. Action by Henry Bunkers, against O. E. Guernsey, to recover back surplus purchase money paid for realty. From a judgment for plaintiff, and from an order denying a new trial, plaintiff appeals. Appellant -cited: ■C. C. Secs. 2294, 2289; Wolfinger v. Thomas, 22 S. D. 57; 1-15 N. W. 10b; James River Nat. Bk. v. Weber (N. D.) N. W. 952; Goodnow v. Litclifiel-d1, (la.) .19 N. W. 226. Respondent cited: 15 R. C. L., p. 29, and cases cited in notes 10, 11.
1Opinion of the CourtPolle'Y, J.
This action has been before the court on two former occasions. Bunkers v. Guernsey, 35 S. D. 574, 133 N. W. 378; 38 S. D. 174, 160 N. W. 732.
After the reversal of the former judgment plaintiff amended his complaint and rested his case upon an allegation that because of a mutual mistake plaintiff, in purchasing the farm in question, paid defendant for 206 acres of land), while, as a matter of fact, the farm contained only 177.78 acres, the result being that plaintiff paid to defendant $846.60 more than the value of the farm at $30 per apre; that being the price fixed thereon by the defendant.…
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