Brewster v. Miller
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. 'Frank McNulty, Judge. Action by Clara E. Brewster against George W. Miller, to recover for part of the consideration of an alleged sale of land and personalty by plaintiff and her husband to defendant. From ■a judgment for plaintiff and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Roberts County. Hon. 'Frank McNulty, Judge. Action by Clara E. Brewster against George W. Miller, to recover for part of the consideration of an alleged sale of land and personalty by plaintiff and her husband to defendant. From ■a judgment for plaintiff and from an order denying a new trial, defendant appeals. In view of plaintiff’s testimony, the defendant had the right to show whether he had ever urged Brewster or the plaintiff to sell the house to him’, and to show everything connected with the transaction, and it was error for the court to refuse to permit…
1Opinion of the CourtGates, J.
The complaint in this case alleged that plaintiff and Herbert Brewster were husband and wife, the owners of certain lots in S-isseton, S. D., occupied by them as a homestead, and *617the owners of an automobile; that in June, 1911, plaintiff and her husband sold said premises and automobile to defendant; that “it was expressly agreed by and between s.aid defendant and this plaintiff that defendant would, in consideration of the execution and delivery of the deed and bill of sale hereinafter mentioned, pay to plaintiff, over and above all moneys which he had agreed to pay to said Herbert Brewster,…
2Cases cited2 opinions
- Barcus v. ProkopSouth Dakota Supreme Court · 1912
- Smith v. Mutual Cash Guaranty Fire Ins.South Dakota Supreme Court · 1907
3Cited by5 opinions
- Inlagen v. Town of GarySouth Dakota Supreme Court · 1914
- Dickmann v. ThomasSouth Dakota Supreme Court · 1915
- Markus v. PoulsonSouth Dakota Supreme Court · 1916
- Filbert v. HamiltonSouth Dakota Supreme Court · 1921
- Brewster v. MillerSouth Dakota Supreme Court · 1913