Washabaugh v. Hall

Citations

• 4 S.D. 168
• 56 N.W. 82
• 1893 S.D. LEXIS 62

Syllabus

<p>1. In an action for damages for the violation of a written instrument whose terms and legal effect are those of an ag’reement, the defendant cannot show by parol evidence, in the absence of fraud, mistake, or accident, that the writing was not intended to be an agreement, or to bind him-as appeared upon its face.</p> <p>2. A guardian of a minor ward has in general no authority to sell the ward’s real estate, unless authorized by a competent court.</p> <p>3. Nor has such guardian, under our statute, authority to sell at will the personal estate of his ward.</p> <p>4. The unauthorized sale by such guardian of either the real or personal estate of the ward does not convey a good title to the purchaser.</p> <p>..5. Where A. deposits with B. $500 cash and his note for $500, at four months, to be in payment for a piece of land, if B. shall perfect the title thereof in himself within 60 days, otherwise to be returned to A., a renewal by A. of his note is not necessarily a waiver of his right to such return, if, at the maturity of the renewal note, the title is not thus perfected.</p> <p>(Syllabus by the court.</p>