Johnson v. Cressey

Citations

• 16 S.D. 639
• 94 N.W. 703
• 1903 S.D. LEXIS 138

Syllabus

<p>Plaintiff authorized agents to sell his land, and they sold to defendant. Plaintiff thereafter sent a deed, and five notes for the deferred payments, and mortgage securing same, to a bank, with directions to deliver the deed on defendant’s executing the notes and mortgage. As drawn, the first note fell due the same year, and the others annually thereafter. Defendant telephoned the. agents that this was not the the agreement, as the annual payments were to commence the following year, and testified that the agents answered, authorizing him to change the first note to fall due five years later, and the mortgage to correspond. The agents denied authorizing defendant to make the change, but testified that they told him such change would have to be made. Defendant made such change, and executed and delivered them to the bank and received the deed. Plaintiff sued to rescind the sale on the ground that defendant had not performed the contract, and alleged that the change of the note and mortgage was fraudulent. Held thatfindings that the notes and mortgage, as executed, were according to the contract, and that there was no fraud on defendant’s part, were supported.</p>