Hudson v. Archer
South Dakota Supreme Court
Appeal from circuit court, Yankton county.- Hon. E. G. Smith, Judge. Action for a breach of contract. From an order sustaining a demurrer to the complaint, plaintiffs appeal. The facts are stated in the opinion. The claim of a defect of parties plaintiff was not available to the defendants on the record made, for the reason that they did not specify distinctly the grounds of objection in the demurrer. Section 4910, Comp.
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Appeal from circuit court, Yankton county.- Hon. E. G. Smith, Judge. Action for a breach of contract. From an order sustaining a demurrer to the complaint, plaintiffs appeal. The facts are stated in the opinion. The claim of a defect of parties plaintiff was not available to the defendants on the record made, for the reason that they did not specify distinctly the grounds of objection in the demurrer. Section 4910, Comp. Laws; Baker v. Hawkins, 29 Wis. 578; 2 Estes’ Plead, p. 384; Boon Plead. Sec. 44; Kent v. Snider, 30 Cal. 673. A complaint which states a contract, alleges full performance…
1Opinion of the CourtCorson, J.
This appeal is from an order sustaining a demurrer to the complaint. The material parts of the complaint are as follows: £ ‘(1) The plaintiffs above named, as trustees for the following named persons, to-wit: * * * complaining of the above named defendants, allege: (2) That on the 18th day of June, 1887, the defendants made and executed an agreement in writing with the plaintiffs, whereby they, the said defendants, agreed to erect at Yankton, Dakota, an oil mill of dimensions not less than the following; * * * That they, the ' defendants, would operate said mill, and maintain thérein at least…
2Cases cited19 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Landwerlen v. WheelerIndiana Supreme Court · 1886
- Sunnyside Land Co. v. Willamette Bridge Railway Co.Oregon Supreme Court · 1891
- O'Callaghan v. BodeCalifornia Supreme Court · 1890
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3Cited by14 opinions
- Dalrymple v. Security Loan & Trust Co.North Dakota Supreme Court · 1900
- Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897
- Johnson v. GilmoreSouth Dakota Supreme Court · 1894
- Cranmer v. KohnSouth Dakota Supreme Court · 1895
- Warfield v. BassoCalifornia Court of Appeal · 1923
9 more not listed; retrieve them via the Exa API.