Nelson v. Ladd
South Dakota Supreme Court
Appeal from Moody county court. Action by Oliver Nelson against Joseph Ladd and another for breach of a farm lease. A demurrer to the complaint was overruled, and the defendants appeal. A complaint which does not state a cause of action by its averments, without reference to exhibits, is bad upon demurrer.
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Appeal from Moody county court. Action by Oliver Nelson against Joseph Ladd and another for breach of a farm lease. A demurrer to the complaint was overruled, and the defendants appeal. A complaint which does not state a cause of action by its averments, without reference to exhibits, is bad upon demurrer. Aultman v. Siglinger, 2 S. D. 442. When the contract sued on is valid, a quantum meruit will not lie, when the compensation for the services has been fixed by the contract. 2 Smith on Damages, pp 480 and 499; Chamberlain v. Parker, 45 N. Y. 569; Lande v. Seymour, 24 Wend. 60; Cohen v.…
1Opinion of the CourtCorson, J.
This is an appeal from an order overruling a demurrer to the complaint, made by the county court of Moody county. The action was brought to recover damages for an alleged breach of a farm lease by the defendants, and the demand for judgment is as follows: “Wherefore the plaintiff demands judgment against the defendants in the sum of five hundred 'dollars, with interest at 7 per cent per annum from October 1, 1890, besides his costs and disbursements herein.” The *4action was commenced in the fall of 1891. A demurrer was interposed to the complaint, one of the grounds of which is that the…
2Cases cited5 opinions
- Doctor v. HartmanIndiana Supreme Court · 1881
- Mathie v. McIntoshWisconsin Supreme Court · 1876
- Ex parte PetersonSupreme Court of Alabama · 1858
- Riley v. City of LowellMassachusetts Supreme Judicial Court · 1875
- Meshke v. Van DorenWisconsin Supreme Court · 1862
3Cited by7 opinions
- Ayers, Weatherwax & Reid Co. v. SundbackSouth Dakota Supreme Court · 1894
- Oppenheimer v. ReganMontana Supreme Court · 1905
- State v. BunkerSouth Dakota Supreme Court · 1895
- Payne v. WilliamsArizona Supreme Court · 1936
- Warder, Bushnell & Glessner Co. v. RaymondSouth Dakota Supreme Court · 1895
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