Prior v. Sanborn County
South Dakota Supreme Court
Appeal from circuit court, Sanborn county. Hon. Frank B. Smith, Judge. Action for rent. From a judgment for plaintiffs, and an order overruling a motion for a new trial, defendant appeals. The facts are stated in the opinion. The agreement is void, as being within the statute of frauds, and the tenancy was from year to year.
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Appeal from circuit court, Sanborn county. Hon. Frank B. Smith, Judge. Action for rent. From a judgment for plaintiffs, and an order overruling a motion for a new trial, defendant appeals. The facts are stated in the opinion. The agreement is void, as being within the statute of frauds, and the tenancy was from year to year. Wolke v. Fleming, 103 Ind. 105; Garret v. Clark, 5 Or. 464; Rosenblatt v. Perkins, 6 L. R. A. 257- Evans v. Winona Lumber Co., 16 N. W 404; Steele v. Brewing Ass'n, 58 N. W. 685. The objection that the agreement is obnoxious to the statute of frauds was neither pleaded…
1Opinion of the CourtPuller, J.
This action, to recover rent for a period of one year after the defendant had vacated a building occupied by its officers as a court house, resulted in a verdict of $300 directed in favor of plaintiffs; and from a judgment accordingly entered, and an order overruling a motion for a new trial, defendant appeals.
No question as to the legal sufficiency of the five-year lease made the basis of this action is within the issues presented by the pleadings, nor was the point raised below that the following resolution of the board of county commissioners contravenes the 'statute of frauds: “The…
2Cases cited7 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Vann v. . RouseNew York Court of Appeals · 1884
- Alger v. KennedySupreme Court of Vermont · 1876
- Bradley v. De GoicouriaNew York Court of Common Pleas · 1884
- Silber v. LarkinWisconsin Supreme Court · 1896
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3Cited by3 opinions
- Render v. LillardSupreme Court of Oklahoma · 1916
- Schuyler v. WheelonNorth Dakota Supreme Court · 1908
- Arning v. Hartman Motor Co.South Dakota Supreme Court · 1936