Davis v. Jeffris
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. E. G. Smith, Judge. Action to recover upon a contract. Judgment for defendant. Plaintiffs appeal. The facts are stated in the opinion. The covenant in the instrument sued upon, to furnish a patent deed, was an independent covenant not to be performed until after payment was made by the defendants for the building.
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Appeal from circuit court, Beadle county. Hon. E. G. Smith, Judge. Action to recover upon a contract. Judgment for defendant. Plaintiffs appeal. The facts are stated in the opinion. The covenant in the instrument sued upon, to furnish a patent deed, was an independent covenant not to be performed until after payment was made by the defendants for the building. Tompkins v. Elliott, 5 Wendell 496; Bennett v. Paxley, 7 Johnson 249; 2nd Parsons on Contracts, 676, 677 and 525; Pollock v. Brush Electric Light Association, 128 U. S. 32; Law Co-op. Rep. 373; White v. Lee, 14 Fed. 799. The defendants…
1Opinion of the CourtCorson, P. J.
This action was founded upon a contract entered into by the plaintiffs with thirteen subscribers, of which the defendant was one, to erect a creamery and cold-storage building at the city of Huron, and furnish all the materia] and labor, for the sum of -$6,500, to be paid for on completion of the building. The cold-storage department was to be constructed under the McCray cold-storage and refrigerator patents. Each of the thirteen subscribers to the contract agreed to pay $500. There are a number of stipulations in the contract not necessary to be given, and we select such, only, as we deem…
2Cases cited10 opinions
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- Parker v. ParmeleNew York Supreme Court · 1822
- Smith v. LewisSupreme Court of Connecticut · 1857
- Lester v. . JewettNew York Court of Appeals · 1854
- Dunham v. . MannNew York Court of Appeals · 1853
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- National Cable & Manufacturing Co. v. FilbertSouth Dakota Supreme Court · 1913
- Tronson v. Colby UniversityNorth Dakota Supreme Court · 1900
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