Hauert v. Kaufman
South Dakota Supreme Court
Appeal frdm Circuit Court, 'Aurora County. Hon Frank JB. Smith, Judge. , * Action (by Louis H. Hauert, against Henry Kaufman and M. J. -Rardin, to quiet title to realty, defendant Kaufman, as assignee of the sale contract, counterclaiming for recovery of payment made thereunder. From a judgment for plaintiff, and from an order denying a new trial, defendant R appeals.
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Appeal frdm Circuit Court, 'Aurora County. Hon Frank JB. Smith, Judge. , * Action (by Louis H. Hauert, against Henry Kaufman and M. J. -Rardin, to quiet title to realty, defendant Kaufman, as assignee of the sale contract, counterclaiming for recovery of payment made thereunder. From a judgment for plaintiff, and from an order denying a new trial, defendant R appeals. (i) To point one of the opinion,. Appellant cited: Ink v. Rohrig, 23 S. D. 548; 39 Cyc. p. 1376. That defendant was entitled to recovery of the money paid under the contract, citing: Cleary v. Falger, 84 Cal. 316, 18 Am. .St.…
1Opinion of the CourtWhiting, J.
Plaintiff, the owner of a certain tract of real estate, entered into a contract with defendant Kaufman whereby, in consideration of $1,000 paid, the future payment of $5,000 and the giving of a note and mortgage for the balance of consideration, he covenanted and agreed to convey said land to Kaufman. Kaufman assigned said contract to the defendant Rardin. Subsequent to the date named in said contract for the payment of the $5,000 and giving of note and mortgage, plaintiff brought this action seeking to quiet title to the land, alleging ownership in himself, claim of title by the defendants…
2Cases cited2 opinions
- Ink v. RohrigSouth Dakota Supreme Court · 1909
- Weitzel v. LeysonSouth Dakota Supreme Court · 1909
3Cited by12 opinions
- Boekelheide v. SnyderSouth Dakota Supreme Court · 1947
- Ford v. HoferSouth Dakota Supreme Court · 1961
- Kammert Bros. Enterprises, Inc. v. Tanque Verde Plaza Co.Court of Appeals of Arizona · 1967
- Moter v. HersheySouth Dakota Supreme Court · 1925
- Benton v. DavisonSouth Dakota Supreme Court · 1927
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