Taylor v. Neys

Citations

• 11 S.D. 605
• 79 N.W. 998
• 1899 S.D. LEXIS 53

Syllabus

<p>1. Where a purchaser sued to recover back the price because the vendor had ousted him, a judgment of dismissal, with costs, rendered on the ground that the purchaser had not rescinded, does not bar a new action.</p> <p>2. When not apparent on the record, parol evidence is admissible to show , that a judgment of dismissal, with costs, .was not on the merits, so as to bar a new action.</p> <p>3. Error in admitting incompetent evidence oí a fact, otherwise established, is harmless.</p>