Minder & Jorgenson Land Co. v. Brustuen

This cause came before this court upon this appeal and decision was rendered therein in all things affirming the trial court. The opinion will be found in 24 S. D. 537, 124 N. W. 723. The appellant applied for rehearing, and, this court having granted such rehearing and the cause having been duly presented to the court upon such rehearing, we have carefully considered the record herein, and are of the opinion that the court was in error in such former decision.

It will be unnecessary to restate the pleadings and the material facts herein, the same being amply set forth in our former opinion,…