Carpenter v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. Loring E. Gaefy, Judge. Action for damages for killing of stock. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. If one makes another an offer, verbal or written, of a sort implying nothing to be done except to assent or decline, and the other accepts it, adding no qualifications, there is thus constituted a mutual consent to the samp thing, in other words, a contract.
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Appeal from circuit court, Spink county. Hon. Loring E. Gaefy, Judge. Action for damages for killing of stock. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. If one makes another an offer, verbal or written, of a sort implying nothing to be done except to assent or decline, and the other accepts it, adding no qualifications, there is thus constituted a mutual consent to the samp thing, in other words, a contract. Bishop on Contracts, Ed. of ’87, § 322; Vasser v. Camp, 11 N. Y. 441; 1 Addison Contract, 42; 2 Rice on Evidence, 1012; Taylor v. Ins. Co., 9…
1Opinion of the CourtFullee, J.
This is an action to recover $50, claimed tobe the value of a cow belonging to plaintiff, and alleged to have been killed by the negligence of operators and employes in the management of an engine and train passing upon defendant’s line of railway. Defendant entered a plea of accord and satisfaction, and by stipulation at the trial, for a defense to the action, relied solely upon the following undisputed facts found by the court, to whom the case was tried without a jury: On the 6th day of January, 1894, defendant offered plaintiff $12.50 in full satisfaction of his claim of $50. On the 16th…
2Cases cited5 opinions
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Zeimer v. AntisellCalifornia Supreme Court · 1888
- Hoxsie v. Empire Lumber Co.Supreme Court of Minnesota · 1889
- Young v. JonesSupreme Judicial Court of Maine · 1875
- Burgess v. Denison Paper Manufacturing Co.Supreme Judicial Court of Maine · 1887
3Cited by6 opinions
- Barbarich v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Montana Supreme Court · 1932
- Arnett v. SmithNorth Dakota Supreme Court · 1902
- Eggland v. SouthSouth Dakota Supreme Court · 1908
- Webster v. McLarenNorth Dakota Supreme Court · 1909
- South Dakota Board of Regents ex rel. Black Hills State University v. Global Synthetics Environmental, LLCDistrict Court, D. South Dakota · 2017
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