Rasmussen v. Reedy

Citations

• 14 S.D. 15
• 84 N.W. 205
• 1900 S.D. LEXIS 3

Syllabus

<p>1. Where the subsequent evidence clearly established that defendant’s father was his agent in the negotiations leading up to the transfer of lands sought to be set aside, the prior admission of evidence as to false statements made by the father to the plaintiffs to induce the transfer was harmless.</p> <p>2. Where defendant’s father, as his agent, made statements to plaintiffs that the land which defendant wished to exchange with them was level, except on the east side, and, in showing the land to one of the plaintiffs, pointed out a road at the foot of a bluff as the west boundary, which statements were false, the plaintiffs were entitled to rely on such statements, without personal examination, and hence were entitled to have the transfer rescinded on discovery of the fraud.</p>