Brown v. McCaul
South Dakota Supreme Court
Appeal from circuit court, McPherson county. Hon. H. G-, Fuller, Judge. Action to recover damages for breach of contract. Plaintiff had judgment and defendants appeal. The facts are stated, in the opinion. Under an express contract fixing the compensation, a party cannot maintain an action for the amount his services are reasonably worth.
Read the full summary
Appeal from circuit court, McPherson county. Hon. H. G-, Fuller, Judge. Action to recover damages for breach of contract. Plaintiff had judgment and defendants appeal. The facts are stated, in the opinion. Under an express contract fixing the compensation, a party cannot maintain an action for the amount his services are reasonably worth. Cameron v. Austin, 27 N. W. 622. When a contract confers upon one party the right to make a selection of property the assent of the other party to such selection is necessary. Benj. on sales, 826.
1Opinion of the CourtCorson, P. J.
The plaintiff brought this action to recover $499.99 damages, alleged to be due him for breach of contract entered into by the defendants, under their firm name of McCaull, Webster &Co., as parties of the first part, and one Gotlieb Mix, as a party of the second part, and which claim was assigned by the said Mix to the plaintiff. The complaint set out the contract in substance, and alleged a breach thereof, in that the defendants had failed and refused to turn over to said Mix or the .plaintiff notes for commissions as in said contract provided, and demanded judgment for the amount of such…
2Cases cited2 opinions
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Franz Falk Brewing Co. v. Mielenz Bros.Supreme Court Of The Territory Of Dakota · 1888
3Cited by1 opinion
- Greder v. StahlSouth Dakota Supreme Court · 1908