7 S.D. 225 | S.D. | 1895
This was an action upon a promissory note given by respondents to appellant. The defense was that it was procured through the fraudulent misrepresentations of C. E. Johnson, the secretary and agent of the payee. Except as to one question of law, there is little in the case for the consideration of this court. The verdict of the jury settles the questions of fact, and while we are not entirely satisfied that it was correct, the evidence is sufficient to sustain it.
Respondent Arthur C. Phillips inherited from his father certain shares of sfock in the Sioux Palls Improvement Company. C. E. Johnson, said in the answer to be the secretary, by himself, fhe vice president, qncj. l)y another witness, thp treasurer, of appel
The general rule unquestionably is that one, whether an indiT vidual or a corporation, who seeks to enforce and derive a benefit from a contract undertaken to be made in his or its behalf by anr other, must adopt not only the entire contract, but the means by which the contract was procured. This was very directly declared by this court in Wyckoff v. Johnson, 2 S. D. 91, 48 N. W. 837. To the supporting authorities therein cited may be added Joslin v. Miller, 14 Neb. 91, 15 N. W. 214; Kickland v. Wooden-Ware