Luce v. Ash
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Chas. S. Whiting, Judge. Action by O. A. Luce against James C. Ash. From a judgment for defendant, plaintiff appeals. That the court as well as the parties are bound by the facts as stipulated. Bott v. McCoy, 20 Ala. 578; Logan v. Hall, 19 Iowa, 491; Sawyer v. Corse, 94 Amer.
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Appeal from Circuit Court, Beadle County. Hon. Chas. S. Whiting, Judge. Action by O. A. Luce against James C. Ash. From a judgment for defendant, plaintiff appeals. That the court as well as the parties are bound by the facts as stipulated. Bott v. McCoy, 20 Ala. 578; Logan v. Hall, 19 Iowa, 491; Sawyer v. Corse, 94 Amer. Dec. 445. The alterations óf the terms of a contract is equivalent to making a new contract, consisting of the new terms, and what remains unchanged of the original contract. The old agreement being incorporated into the new, the latter must be construed with reference to…
1Opinion of the CourtSmith, P. J.
Action to recover commissions on a land sale. A jury was waived and the case submitted to the court upon an agreed statement of facts. The entire transaction between the parties was by correspondence, and the agreed statement of facts consists wholly of the letters constituting the correspondence,-with the additional stipulated statement that “plaintiff has done and performed everything on 'his part to be done and performed.” On August 30, 1906, defendant by separate written, contracts listed for sale with plaintiff, a real estate agent at Des Moines, Iowa, two quarter sections of land in…
2Cases cited6 opinions
- Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
- Stong v. LaneSupreme Court of Minnesota · 1896
- Towle v. SweeneyCalifornia Court of Appeal · 1905
- Sweet v. MyersSouth Dakota Supreme Court · 1892
- Home Inv. Co. v. ClarsonSouth Dakota Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Highway Commission v. FortuneSouth Dakota Supreme Court · 1958
- Amdahl v. LoweSouth Dakota Supreme Court · 1991
- Brown County v. MeidingerSouth Dakota Supreme Court · 1978
- State v. WehingerWashington Supreme Court · 1935
- Bitterman v. ReinfeldSouth Dakota Supreme Court · 1953
2 more not listed; retrieve them via the Exa API.