Sherman v. BANKUS

McAllister, c. j.

The plaintiff, Arthur Eber Sherman, Jr., brought this action at law to recover from the defendant Elmer Bankus damages in the sum of $1,000, allegedly resulting from the breach by defendant of his agreement to have plaintiff survey certain premises in Brookings and to pay plaintiff the reasonable value of said services. The court tried the case without a jury and entered judgment for defendant. Plaintiff appeals.

The plaintiff assigns as error (1) the refusal of the court to settle the bill of exceptions tendered by plaintiff; (2) the denial of plaintiff’s motion for new…