Bunkers v. Guernsey
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. ■ ■ Action by Henry Bunkers against O. E. Guernsey to recover back part of purchase money on a- sale of land. From a judgment for plaintiff, and from an order denying a new tidal, defendant appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. ■ ■ Action by Henry Bunkers against O. E. Guernsey to recover back part of purchase money on a- sale of land. From a judgment for plaintiff, and from an order denying a new tidal, defendant appeals. (1) Under .point one of the opinion, Appellant cited: Ross v. Mather, 51 N. Y. 108; Neudecker v. Kohlberg et ah, 81 N. Y. 302; Cassidy v. Uhlmann, 170 N. Y. 537; Francisco v. Hatch, (Wis.) 93 N. W. 1118; First Nat. Bank of Tigerton v. Plecht et ah, 149 N. W. 705. Respondent cited: Bix'by v. Wood, 24 X. Y. 607; Tugman v. Nat.…
1Opinion of the CourtPolley, J.
Plaintiff, in his complaint, alleges that, in the month of April, 1901, he purchased a farm in Minnehaha county from, the defendant; that the price per acre agreed upon by plaintiff and defendant, and which plaintiff agreed to' pay to defendant, was $30 per acre; that defendant represented that the farm contained 206 acres, and that plaintiff, believing and relying upon said representations, paid defendant for 206 acres at $30 per acre, amounting to $6,180; that it was afterward learned by plaintiff *577that, as a matter of fact, the farm contained only 177.38 acres, and that therefore plaintiff…
2Cases cited21 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Holcomb v. NobleMichigan Supreme Court · 1888
- Ledwich v. . McKimNew York Court of Appeals · 1873
- Wilson v. . RandallNew York Court of Appeals · 1876
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3Cited by2 opinions
- Andal v. OsthusSouth Dakota Supreme Court · 1952
- Bunkers v. GuernseySouth Dakota Supreme Court · 1916