Rodee v. Seaman
South Dakota Supreme Court
Appeal from Circuit Court, Davidson County. Hon. Frank B. Smith, Judge. Action by Hiram Rodee and another against I. W. Seaman, to recover damages for fraud and deceit in an exchange of real properties. From a judgment -for defendant, entered upon sustaining an objection to the introduction of evidence under the complaint, for failing to state a cause of action, plaintiffs appeal. The complaint presents facts sufficient to constitute a cause of action under our statute.
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Appeal from Circuit Court, Davidson County. Hon. Frank B. Smith, Judge. Action by Hiram Rodee and another against I. W. Seaman, to recover damages for fraud and deceit in an exchange of real properties. From a judgment -for defendant, entered upon sustaining an objection to the introduction of evidence under the complaint, for failing to state a cause of action, plaintiffs appeal. The complaint presents facts sufficient to constitute a cause of action under our statute. Section 1201, Revised1 Civil Code. In the case at bar the “subject-matter, the respective knowledge of the parties and the…
1Opinion of the CourtWhiting, J.
From .the complaint herein it -was alleged: That -plaintiffs .and defendant entered into a written contract whereby plaintiffs agreed to trade to defendant an undivided half interest in and to a large tract of agricultural lands situate in Sanborn county, S. D., for three residence properties owned 'by defendant and situate in the city of Mitchell, S. D.; that, at the time of such contract, plaintiffs were farmers residing on the tract of land they were agreeing to- trade and- were unacquainted with the character, value, condition, and use and income of the defendant’s .property, except as…
2Cases cited18 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- People v. . PeckensNew York Court of Appeals · 1897
- Hetland v. BilstadSupreme Court of Iowa · 1908
- Moore v. ShieldsIndiana Supreme Court · 1889
- Hyde v. M., D. & P. Ry. Co.South Dakota Supreme Court · 1912
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Palladine v. Imperial Valley Farm Lands Assn.California Court of Appeal · 1924
- Dalheimer v. LuciaNorth Dakota Supreme Court · 1923
- Neilson v. EdwardsSouth Dakota Supreme Court · 1914
- Walther v. StewardWyoming Supreme Court · 1939
- Palmer v. BratagerSouth Dakota Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.