Lemon v. Little
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. W. G. Ricii, Judge. Action by Henry D. Lemon against Frank E. Little and another. From a judgment for plaintiff, defendant Frank E. Little appeals. An agent who accepts an adverse employment without the knowledge of his principle cannot recover any compensation from either party. Enc. Law, 1102; Wadsworth v. Adams, n Sup. Ct.
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Appeal from Circuit Court, Lawrence County. Hon. W. G. Ricii, Judge. Action by Henry D. Lemon against Frank E. Little and another. From a judgment for plaintiff, defendant Frank E. Little appeals. An agent who accepts an adverse employment without the knowledge of his principle cannot recover any compensation from either party. Enc. Law, 1102; Wadsworth v. Adams, n Sup. Ct. Rep. 305; Collins v. McClurg, 29 Pac. 299-302; Mullen v. Bower, 53 N. E. 792-3; Humphrey v. Eddy Co., 65 N. W. 13; Sumner v. Reidheniker, 9 Kans. 320; Jansen v. Williams, 20 L. R. A.; Sea v., Carpenter, 16 Ohm St. 412.…
1Opinion of the CourtCorson, J.
This action was instituted by the plaintiff to recover a balance claimed to be due him on- a contract entered into between him and the defendant. From a directed verdict in favor of the plaintiff the defendant Eittle has appealed, he being the only person served or appearing in the action. The material part of the contract made the basis of the action and set out in the first paragraph of the complaint is as follows: “That for and in consideration of the sum of two1 hundred ($200.00) dollars per month, paid in cash on the l'oth day of each month to the party of the second part by the parties…
2Cases cited7 opinions
- Wadsworth v. AdamsSupreme Court of the United States · 1891
- Jansen v. WilliamsNebraska Supreme Court · 1893
- Swaim v. SwaimIndiana Supreme Court · 1893
- Humphrey v. Eddy Transportation Co.Michigan Supreme Court · 1895
- Mullen v. BowerIndiana Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City Nat. Bank of Huron, SD v. FullerCourt of Appeals for the Eighth Circuit · 1931
- Bushman v. Pure Plant Food International, Ltd.South Dakota Supreme Court · 1983
- Mees v. GrewerNorth Dakota Supreme Court · 1932
- Foley v. MathiasSupreme Court of Iowa · 1930
- Brown County v. ZerrSouth Dakota Supreme Court · 1940
3 more not listed; retrieve them via the Exa API.