# Carr v. Preslar

> South Dakota Supreme Court · April 17, 1951 · 73 S.D. 610

URL: https://www.frixlaw.com/law-library/cases/9526520

## Case

- **Full name:** CARR Et Al., Appellants, v. PRESLAR, Respondent
- **Court:** South Dakota Supreme Court
- **Decided:** April 17, 1951
- **Citations:** 73 S.D. 610; 47 N.W.2d 497; 1951 S.D. LEXIS 57
- **Precedential status:** Published
- **Opinion:** Concurrence by Sickel
- **Judges:** Smith, Rudolph, Roberts, Hayes, Sickel
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9526520

## Opinion text

SICKEL, J.
(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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9526520. Public record. Not legal advice.