Legal Opinion
Norbeck & Nicholson Co. v. Nielson
South Dakota Supreme Court
Decided November 12, 1917No. File No. 4190PublishedCited by 1 opinion
Appeal from- Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action 'by Niorbeck & Nickolson Company, a. corporation, against J-. P. Nielsen, to recover contract price for sinking an artesian well by plaintiff for defendant. From' a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtGates, P. J.
The plaintiff corporation entered into a written contract with defendant on September 6, 1915, to construct an artesian well on defendant’s premises for the sum of $550. At the time of the execution of the contract the following memorandum was executed by plaintiff and delivered to defendant:
“Redfield, S. D., Sept. 6th, ’15.
“We argree to take one team bay geldings aged 4, weighing about 1,150 each and sound except one has. wire mark on right front foot. One named 'Coats’ (It. bay) and! one named 'Perch’ (drk. bay), allowing Nielsen ($300) three hundred dollars for same on contract…
2Cited by1 opinion
- Kupfer v. BiehnSouth Dakota Supreme Court · 1918