Dodson v. Crocker

Citations

• 16 S.D. 481
• 94 N.W. 391
• 1903 S.D. LEXIS 110

Syllabus

<p>1. The presumption that the decision of'the trial court on the weight of the evidence is correct will be overcome, and the decision reversed, only when there is a clear preponderance of evidence against it.</p> <p>2. Defendant agreed, in writing, to purchase from plaintiff a mechanic’s lien, provided it was a first claim on the property. On the issue as to whether taxes were included, plaintiff testified that in a conversation between him and defendant’s agent, about the time the contract was executed, it was agreed that taxes on the property were not to be regarded as included in the contract. A denial of this by the agent was corroborated by a witness present at the time of the transaction and the execution of the papers. Defendant was not present himself, but there was evidence tending to show admissions by him that he found the mechanic’s lien a first claim on the property, and did not regard the taxes as a first claim thereon. Defendant denied that the conversation between himself and the witness,' constituting the admissions, occurred. Held not to show a preponderance of evidence in favor of plaintiff, and the decision of the trial court in defendant’s favor would not be disturbed.</p> <p>3. Defendant agreed in writing to purchase a mechanic’s lien of plaintiff, provided he found, on investigation, it was a first claim on the property. Plaintiff claimed that defendant’s agent spent some days in looking over the records, and was fully advised as to taxes on the property. Defendant testified that his agent gave him a detailed list, to a certain extent, of what he found from examining the records. It did not affirmatively appear, however, that the agent made any investigation regarding the taxes, or that they were included in the partial list given defendant. Held not to show an intention on the part of defendant to exclude the lien of taxes under his contract.</p> <p>4. Defendant agreed to purchase of plaintiff a mechanic’s lien, provided it was a first claim