Greder v. Stahl
South Dakota Supreme Court
Appeal from Circuit Court, Douglas County." Hon. E. G. Smith, Judge. Action by Rose Greder against John Stahl-. From a judgment for plaintiff, defendant appeals. • A rescission of an executed contract by mutual consent of both parties thereto is simply the entering into and executing ■ a new contract complete in all its features wherein the vendor becomes the vendee, the vendee becomes the vendor, • and the vendor receives back the property, sold by him and returns, or…
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Appeal from Circuit Court, Douglas County." Hon. E. G. Smith, Judge. Action by Rose Greder against John Stahl-. From a judgment for plaintiff, defendant appeals. • A rescission of an executed contract by mutual consent of both parties thereto is simply the entering into and executing ■ a new contract complete in all its features wherein the vendor becomes the vendee, the vendee becomes the vendor, • and the vendor receives back the property, sold by him and returns, or agrees to return, the consideration paid. Quincy v. Titton, 5 Me. 277; McLean v. Richardson, 127 Mass. 339; Harman v.…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment entered upon a verdict of a jury in favor of the plaintiff.- The action was instituted by the plaintiff -to recover from the defendant the sum of $280, which he had paid to the defendant upon the purchase of a team-of horses, and which the plaintiff claim-s was rescinded by consent. ■ The answer was a general denial. At the conclusion of-plaintiff’s evidence the defendant moved the court to direct a verdict in his favor, which motion was denied, and, the motion not being renewed at the conclusion of ail the evidence, the same must be deemed…
2Cases cited5 opinions
- Brace v. Van EpsSouth Dakota Supreme Court · 1899
- Haggarty v. StrongSouth Dakota Supreme Court · 1898
- Seim v. KrauseSouth Dakota Supreme Court · 1900
- Brown v. McCaulSouth Dakota Supreme Court · 1894
- Torrey v. PeckSouth Dakota Supreme Court · 1900
3Cited by7 opinions
- Eggers v. EggersSouth Dakota Supreme Court · 1961
- Kundel v. PortzMichigan Supreme Court · 1942
- Kilborn v. HendersonAlabama Court of Appeals · 1953
- Wood v. CampbellSouth Dakota Supreme Court · 1911
- Campbell v. WellerWyoming Supreme Court · 1917
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