¶1(concurring specially). I agree that judgment in this case must be reversed. The payment of the sum of $78.25 was nothing more than an acknowledgment of the agreement by Preslar to pay Carr and Krogmaii five per cent of the increased consideration which Preslar was to receive under the Payne lease. The judgment was not an adjudication as to the amounts which might become due to Carr and Krogman as a share of the Preslar royalties.
73 S.D. 610
47 N.W.2d 497
Carr v. Preslar
Decided April 17, 1951
South Dakota Supreme Court · decided 1951-04-17
Good law ✅— No negative treatment on recordhow we know
Decided 1951-04-17
How this case has been cited
Cited by 52 later decisions — most recently May 2007 · most notably Golden v. Oahe Enterprises, Inc. (1976), In re N. J. W. (1978)
2 district · 50 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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