Rosum v. Hodges
South Dakota Supreme Court
Appeal from district court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action for conversion of certain personal property: Judgment for plaintiff, defendant appeals. The material facts are stated in the opinion. The plaintiff, by taking and retaining a benefit from Gerde’s acts directly ratified them to that extent and confirmed the sale to that amount, and it was error for the court to deny the offer of defendant to prove those facts.
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Appeal from district court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action for conversion of certain personal property: Judgment for plaintiff, defendant appeals. The material facts are stated in the opinion. The plaintiff, by taking and retaining a benefit from Gerde’s acts directly ratified them to that extent and confirmed the sale to that amount, and it was error for the court to deny the offer of defendant to prove those facts. The transaction was in its nature indivisible, and a ratification of a part was a ratification of the whole: Comp. Laws. § 3973; Story on Agency, § 250;…
1Opinion of the CourtKellam, J.
Respondent was the owner of certain flax-seed in his granary, on his farm in Minnehaha county. During his absence from home, and without his knowledge or consent, Gerde, his hired man, hauled to appellants’ elevator, and sold and delivered to appellants, a quantity of such flax, receiving the pay therefor. Appellants bought innocently, supposing Gerde had a right so to sell. Immediately after the sale, Gerde absconded with the proceeds, with the exception of a small amount, noticed hereafter. The action was brought against appellants for the conversion of the flax. Respondent had judgment,…
2Cases cited14 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Trudo v. AndersonMichigan Supreme Court · 1862
- Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Western Consolidated Cooperative v. PewSouth Dakota Supreme Court · 2011
- Hovland v. Farmers Union Elevator Co.North Dakota Supreme Court · 1936
- Willard v. Monarch Elevator Co.North Dakota Supreme Court · 1901
- Claybrooke Warehouse & Gin Co. v. Farmers Cooperative Warehouse & Gin Co.Supreme Court of Alabama · 1954
- First National Bank of Harvey v. Woodworth Elevator Co.North Dakota Supreme Court · 1925
1 more not listed; retrieve them via the Exa API.