Norbeck & Nicholson Co. v. Pease
South Dakota Supreme Court
Appeal from Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action by the Norbeck & Nicholson Company against Charles Ii. Pease. From a judgment for defendant, plaintiff appeals.
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Appeal from Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action by the Norbeck & Nicholson Company against Charles Ii. Pease. From a judgment for defendant, plaintiff appeals. “The plaintiff may unite in the same complaint, several causes of action whether they be such as have been heretofore denominated legal or equitable or both, where they all arise out of; first, the same transaction or transactions connected with the same subject of action; second, contract express or implied. * * * * The causes of action so united must all belong to one of these classes, * * * * and must be…
1Opinion of the CourtFuller, P. J.
To- recover $645.74 for drilling, casing, and completing an artesian well, appellant pleaded the performance of a written contract executed by the parties to the action on the 23d day of October, 1903, but subsequently modified by parol, and the complaint also contains a count in assumpsit on a quantum meruit for the same labor performed and material furnished in constructing the well, and, as reasonable compensation therefor, judgment i<:,- the amount claimed under the contract is demanded.
A single cause of action being thus duplicated, counsel were required to determine before the…
2Cases cited12 opinions
- Hosley v. . BlackNew York Court of Appeals · 1863
- Whitney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Plummer v. MoldSupreme Court of Minnesota · 1875
- Wilson v. SmithCalifornia Supreme Court · 1882
- Leonard v. RobertsSupreme Court of Colorado · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ede v. WardSouth Dakota Supreme Court · 1913
- Brams v. StateSouth Dakota Supreme Court · 1935
- In Re Bethke's EstateSouth Dakota Supreme Court · 1937
- Starr v. Baldwin Piano Co.South Dakota Supreme Court · 1931