Tootle v. Petrie

Citations

• 8 S.D. 19
• 65 N.W. 43
• 1895 S.D. LEXIS 4

Syllabus

<p>1. To be available in this court, errors of law occurring at the trial, and. excepted to, must be particularly specified; and, when the appeal is taken only from an order oyerruling a motion for a new trial, errors that were neither urged nor presented in a statement or bill of exceptions at the hearing of said motion will not be reviewed. '</p> <p>2. Where clearly conflicting evidence concerning a material issue raised by the pleadings has been submitted to a jury under proper instructions, its verdict in favor of either party upon all the issues is, for the purposes of an appeal, conclusive as to such question.</p> <p>3. The action of a trial court in sustaining an objection to a preliminary question, relating to a collateral and apparently immaterial subject, must, in order to receive attention on appeal, be followed by an offer to prove the facts sought to be thereby elicited. Hanson v. Township of Red Rock, 7 S. D. 38, 63 N. W. 156.</p> <p>4. Ordinarily it is not error to refuse to admit evidence of uncommunicated alleged fraudulent representations made to a stranger, and in no manner brought to the knowledge of the party seeking to rescind a sale of personal property, and regain possession thereof, upon the sole ground that defendants rendered to plaintiffs a statement of their financial condition, in which the value of the available property was overestimated, and upon which plaintiffs wholly relied.</p> <p>5. A specific statement of assets and liabilities, purporting to be only approximately correct, made by retail merchants to wholesale dealers, as a basis for credit, which itemized liabilities and property included, and shows upon its face that the proposed customers are greatly involved, and doing an extensive credit business, and have included in their assets past due notes and accounts aggregating an amount greatly in excess of their purported net capital, is not sufficient, as a matter of law, to rescind a sale and delivery of goods, upon the ground