Farlow v. Chambers
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. EEvi McGee, Judge. Action by Edgar J. Farlow against W. H. Chambers. From a judgment in favor of defendant, plaintiff appeals. The defendant is bound by his contract, and cannot he heard to say that he did not read it or know its contents.
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Appeal from Circuit Court, Pennington County. Hon. EEvi McGee, Judge. Action by Edgar J. Farlow against W. H. Chambers. From a judgment in favor of defendant, plaintiff appeals. The defendant is bound by his contract, and cannot he heard to say that he did not read it or know its contents. Hazard v. Gris-wold, 2i Fed. 178; Taylor v. Fleckenstein, 30 Fed. 100; Hawkins v. Hawkins, 50 Cal. 558; Upton v. Tribilcock, 91 U. S. 44; McCormack v. Molburg, 43 Iowa, 561; Wallace v. Chicago, etc., R. Co., 25 N. W. 772; Bell v. Byerson, 10 Iowa 233; McKinney v. Herrick, 23 N. W. 767; Minneapolis, etc.,…
1Opinion of the CourtFuller, P. J.
The validity of the following contract which, upon conflicting testimony, the jury found respondent signed without reading is the ultimate question presented by .this appeal: “Rapid City, So. Dak., Mar. 4, 1903. E. J. Farlow — Sir: If you can get all the stock in The Rapid City Electric Eight company for me for thirty-five thousand dollars I will pay.you a commission of twelve hundred and fifty dollars. W. H. Chambers, M. D.” Though controverted in every material respect by evidence consistent with the theory that respondent agreed to pay appellant a commission of $1,250 for securing an…
2Cases cited4 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Wallace v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.Supreme Court of Iowa · 1885
- Board of Commissioners v. YoungerCalifornia Supreme Court · 1865
- Magee v. VerityMissouri Court of Appeals · 1903
3Cited by9 opinions
- McNinch v. Northwest Thresher Co.Supreme Court of Oklahoma · 1909
- Federal Land Bank of Omaha v. HouckSouth Dakota Supreme Court · 1942
- Schwalm v. TCF National BankDistrict Court, D. South Dakota · 2016
- Hennessy v. HolmesMontana Supreme Court · 1912
- Haag v. BurnsSouth Dakota Supreme Court · 1908
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