Wood v. Dodge
South Dakota Supreme Court
Appeal from Circuit Court, Grant County. Hon. J. H. McCoy, Judge. Action by G. A. Wood and another against A. C. Dodge. From a judgment for plaintiffs and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Grant County. Hon. J. H. McCoy, Judge. Action by G. A. Wood and another against A. C. Dodge. From a judgment for plaintiffs and from an order denying a new trial, defendant appeals. The liability on an oral promise in respect to transactions for the benefit of a third person is always tested by .inquiring to whom the sole credit was given; if any credit whatsoever was given to the third person so that he was in any degree liable, the oral promise of the other party is not valid. Kent, Comm., Vol. 3, p. 123; 28 Am. & Eng. Enc. of Daw, 923. If the whole credit be not…
1Opinion of the CourtWhiting, J.
This cause is before this court upon an appeal from the judgment of the trial court in favor of the plaintiff, and also from the order of such trial court denying a new trial. The action was brought to recover the value of goods which the plaintiffs claimed they, as retail merchants, delivered and furnished to one Miller, relying upon the oral promise of defendant made prior to such .delivery that he (the defendant) would pay for such goods if so furnished and delivered. The defendant denied ever *97making any such promise, and furthermore, claimed that if any promise was .made it was within the…
2Cases cited7 opinions
- Clapp v. WebbWisconsin Supreme Court · 1881
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- Langdon v. RichardsonSupreme Court of Iowa · 1882
- Williams v. AutenNebraska Supreme Court · 1901
- Grand Forks Lumber & Coal Co. v. TourtelotNorth Dakota Supreme Court · 1898
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3Cited by15 opinions
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