Johnson v. Burnside
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. PARRIMAN, Judge. Action of claim and delivery to recover certain chattels. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. In rescinding a contract the party must restore everything of value which he has received under it, or offer to do so, on condition that the other party do likewise. Sections 3226, 3229, 3589 and 5591, Oomp.
Read the full summary
Appeal from Minnehaha county court. Hon. E. PARRIMAN, Judge. Action of claim and delivery to recover certain chattels. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. In rescinding a contract the party must restore everything of value which he has received under it, or offer to do so, on condition that the other party do likewise. Sections 3226, 3229, 3589 and 5591, Oomp. Laws; Ahrens v. Adler, 33 Cal. 608; Rogers v. Rogers, 53 Wis. 36. The cancellation, destruction or return of an unrecorded conveyance of lands does not operate to re-transfer the title.…
1Opinion of the CourtCorson, J.
This was an action of claim and delivery to recover the possession of certain chattels, of which the plaintiff claimed to be the owner. Verdict and judgment for the plaintiff, and defendant appeals. It is alleged in the complaint, briefly stated, that the chattels were obtained from the plaintiff by the defendant by means of fraud and false' pretenses on the part of the *232defendant and certain other persons, to the plaintiff unknown, with whom said defendant had entered into a conspiracy to defraud and cheat the plaintiff, by inducing him to part with his said chattels for comparatively…
2Cases cited23 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
18 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Fulton Insurance Co. v. White Motor Corp.Oregon Supreme Court · 1972
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Langford v. IssenhuthSouth Dakota Supreme Court · 1912
- McCormick Harvesting Machine Co. v. FaulknerSouth Dakota Supreme Court · 1895
- Wright v. ShermanSouth Dakota Supreme Court · 1892
26 more not listed; retrieve them via the Exa API.