Laabs v. Scholl
| Decision Date | 15 January 1921 |
| Docket Number | No. 4740.,4740. |
| Citation | 180 N.W. 963,43 S.D. 515 |
| Parties | LAABS v. SCHOLL. |
| Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Brookings County; W. N. Skinner, Judge.
Action by Herman Laabs against Fred Scholl. From a judgment for plaintiff, and an order denying defendant's motion for new trial, defendant appeals. Judgment and order reversed, and cause remanded.Alexander & Alexander, of Brookings, for appellant.
Cheever & Cheever and C. O. Trygstad, all of Brookings, for respondent.
Plaintiff was in possession of, and living upon, 160 acres of defendant's land under a written lease upon the crop-sharing basis, expiring October 1, 1917. In July, 1917, negotiations were had concerning a renewal of the lease. It is contended by plaintiff that these oral negotiations constituted a completed lease for the next year. It is contended by defendant that these arrangements were merely tentative, and that a letter written by him to, and received by, plaintiff, terminated such tentative agreement, or at the most that the arrangements between them amounted only to an agreement to lease. This action was brought for damages caused by the alleged breach of the lease by defendant. Upon a verdict for plaintiff in the sum of $545, judgment was entered in favor of plaintiff, from which, and from an order denying new trial, defendant appeals.
We do not think it necessary to discuss the evidence concerning, nor the legal effect of, the prior negotiations for the reason that, upon respondent's own showing as to the negotiations had on or about October 1, 1917, the minds of the parties met upon the proposition that the lease to be entered into should be a written lease. Neither party ever intended that the agreement should rest in an oral lease; therefore there was only an agreement for a written lease.
Respondent testified that on or about October 1, 1917, there were negotiations looking towards a settlement between them; that he wanted $2 per acre for about 40 acres of plowing he had done; that if that had been paid he was willing to give up all claim to the place; that appellant was only willing to pay 75 cents per acre for the plowing; that appellant told him that, if he did not take the 75 cents, he “could go on and have the place”; that he refused to accept the 75 cents per acre for the plowing; that appellant promised to bring out a written contract the next day, but that appellant did not do so then, nor at any time thereafter.
Respondent...
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Atyeo v. Paulsen
...# 16 was warranted under the existing case law of this state: Weaver v. Bauer, 76 S.D. 401, 79 N.W.2d 361 (1956), and Laabs v. Scholl, 43 S.D. 515, 180 N.W. 963 (1921). A reading of both Laabs and Weaver, however, reveals that in neither case was the existence of a valid lease found. From t......
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Shaw v. George
...if they intend that an agreement should be as finally evidenced by a written lease, there is only an agreement for a lease. Laabs v. Scholl, 43 S.D. 515, 180 N.W. 963. It is undisputed that the parties in the present action negotiated for a two-year term. Whether the oral agreement be treat......
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Engle v. Heier, 10629
...if they intend that an agreement should be as finally evidenced by a written lease, there is only an agreement for a lease. Laabs v. Scholl, 43 S.D. 515, 180 N.W. 963'. Shaw v. George, 82 S.D. 62, 141 N.W.2d 405. To be binding, an agreement for a lease must be certain as to the terms of the......
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Weaver v. Bauer, 9562
...with the farming based on this expectation. These acts under these circumstances do not constitute a basis for an estoppel. Laabs v. Scholl, 43 S.D. 515, 180 N.W. 963; Palen v. Pierce, 44 S.D. 316, 183 N.W. The trial court allowed defendant the value of all work performed and all expense in......