Bowers v. Graves & Vinton Co.
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action on contract. A motion to strike out plaintiff’s claim for damages having been sustained, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action on contract. A motion to strike out plaintiff’s claim for damages having been sustained, plaintiff appeals. The facts are stated in the opinion. If the contract had been completed, or fully performed by the employe, then the damages or compensation is expressed in the contract; but when the contract is broken by the exth ployer then the employe has two remedies, either of which he can elect to pursue, but not both. He can recover on a quantum meruit, treating the contract as rescinded, or he may sue on the contract…
1Opinion of the CourtCorson, P. J.
The plaintiff set out in his complaint a contract, from which it appears that the plaintiff agreed, for the consideration thereinafter named, “to well and faithfully till and farm, during the season of farming in the year 1894, in good and husbandlike manner and according to the usual course of husbandry, ” a certain tract of land described, and the plaintiff agree to sow and plant the said land in such crops as the defendant should direct. The plaintiff also agreed ‘ ‘to furnish, at his own cost and expense, all seed, and all proper and convenient tools, tearps, utensils, farm implements,…
2Cases cited4 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Warner v. AbbeyMassachusetts Supreme Judicial Court · 1873
- Porter v. ChandlerSupreme Court of Minnesota · 1880
- Cranmer v. KohnSouth Dakota Supreme Court · 1895
3Cited by12 opinions
- Scott v. WaggonerMontana Supreme Court · 1914
- State ex rel. Ratliffe v. Superior CourtWashington Supreme Court · 1919
- Atyeo v. PaulsenSouth Dakota Supreme Court · 1982
- Smith v. McNewMissouri Court of Appeals · 1964
- Cedarberg v. GuernseySouth Dakota Supreme Court · 1899
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