Dal v. Fischer
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. J. H. McCoy, Judge. Action by Christine E. Dal against George W. Fischer and others. From a judgment for defendants, and an order denying a new trial, plaintiff appeals. The plaintiff could not delegate authority to sell her land or to contract for the sale thereof or to appoint an agent to sell the same except by a written instrument. Sections 3245 and 3246, Compiled Laws of 1887, South Dakota.
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Appeal from Circuit Court, Spink County. Hon. J. H. McCoy, Judge. Action by Christine E. Dal against George W. Fischer and others. From a judgment for defendants, and an order denying a new trial, plaintiff appeals. The plaintiff could not delegate authority to sell her land or to contract for the sale thereof or to appoint an agent to sell the same except by a written instrument. Sections 3245 and 3246, Compiled Laws of 1887, South Dakota. Where the agency is disputed, the burden of proof, necessarily falls upon ■ the party seeking to establish the agency. Ency. of Law, Vol. I, page 968. The…
1Opinion of the CourtHaney, J.
On October 8, 1901, the plaintiff was the owner of the S. W. of section 5 — 116—63, in Spink county, this state. She and her son, the defendant John W. Dal, resided in Chicago. The defendants Fischer and Merchants’ Bank of Redfield, resided in Spink county. On that day the following writing was signed by defendant Dal, and delivered to defendant Fischer at the plaintiff’s home in Chicago1: “It is agreed that George W. Fischer shall, as *429my agent, contract that I, Dr. John W. Dal, of Chicago, Ill., will sell the following described lands to any purchaser found by him within sixty days from the…
2Cases cited8 opinions
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
- Baum v. BirchallSupreme Court of Pennsylvania · 1892
- Bissell v. TerryIllinois Supreme Court · 1873
- Doyle v. McGuireSupreme Court of Iowa · 1874
- Richardson v. De GivervilleSupreme Court of Missouri · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Staab v. SkoglundSouth Dakota Supreme Court · 1975
- Estates of Vizenor and Vizenor v. MeslingNorth Dakota Supreme Court · 2014
- Shumway v. KitzmanSouth Dakota Supreme Court · 1912
- Clark v. BeltCourt of Appeals for the Eighth Circuit · 1915
- Ballou v. CarterSouth Dakota Supreme Court · 1912
9 more not listed; retrieve them via the Exa API.