Cleveland v. Evans

Citations

• 5 S.D. 53
• 58 N.W. 8
• 1894 S.D. LEXIS 32

Syllabus

<p>1. An appellant’s abstract, if uncontradicted, will be treated in this court as true.</p> <p>2. Where the abstract does not set out the judgment in form, but recites that the case was “submitted to the court,” and that “the court rendered the following judgment and order,” and there is nothing in the abstract inconsistent with such recitals, it will be accepted as true that the order and judgment referred to were made by the court and not by the judge.</p> <p>3. An unexecuted verbal agreement for the conveyance of land, without more, is invalid, and unenforceable.</p> <p>4. An answer which sets up an unexecuted verbal agreement without other facts, by which the debtor was to convey and the creditor to accept certain real estate in payment of a debt, sets up no defense to an action to recover on said indebtedness, and is demurrable.</p> <p>(Syllabus by the court.</p>