Hermiston v. Green
South Dakota Supreme Court
Appeal from circuit court, Brookings county, Hon. J. O. Andrews, Judge. Action by John Hermiston and another, as Hermiston Bros, against M. D. Gr.een and John Jamison to recover the balance due on a contract. From a judgment for plaintiffs, defendant Green appeals. The facts are fully stated in the opinion.
1Opinion of the CourtHaney, J.
This action is founded upon the following-written contract: “This memorandum of agreement by and between Hermiston Bros., party of the first part, and John Jamison, party of the second part, witnesseth: Second party sells to first party the N. E, Sec. 12, town 111, range 48, for $2,140, payments as follows: One stallion [and several other specifically described animals]. And first party to assume mortgage of $650 payable three years from date of transfer. *83interest 8 per cent. Second party agrees to furnish warranty deed showing perfect title within 60 days from date, and agrees to pay §1,440…
2Cited by4 opinions
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- City of Milbank v. Western Surety Co.South Dakota Supreme Court · 1907
- Neeley v. RobertsSouth Dakota Supreme Court · 1909