Frost v. Williams
South Dakota Supreme Court
Appeal from circuit court, McCook county.' Hon. Frank R. Aikens, Judge. Action on written agreement. Judgment for defendants. Plaintiff appeals. The facts are fully stated in the opinion. Whenever a liability, resting upon two or more persons, is created by contract, the presumption is that such liability is joint, Pom. Rem. and Rem. Rights, § 275; 1 Pars. Cont. 11; 1 Addison Cont. 47; §3574 Comp.
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Appeal from circuit court, McCook county.' Hon. Frank R. Aikens, Judge. Action on written agreement. Judgment for defendants. Plaintiff appeals. The facts are fully stated in the opinion. Whenever a liability, resting upon two or more persons, is created by contract, the presumption is that such liability is joint, Pom. Rem. and Rem. Rights, § 275; 1 Pars. Cont. 11; 1 Addison Cont. 47; §3574 Comp. Laws; McCullis v. Thurston, 27 Vt. 597; Sheppard’s Touchstone, 375; People v. Hartley, 21 Cal. 585. Defendants waived their right to object to the joinder of all the defendants in one action. Comp.…
1Opinion of the CourtBennett, J.
This was an action against the defendants, based upon the following written agreement:
“This agreement, made * * * between A. W. Frost, party of the first part, and the undersigned farmers of McCook county, parties of the second part, witnesseth, that for the consideration of three hundred dollars, to be paid to said first party by said second parties, said A. W. Frost agrees to -build a cheese factory on the S. W. i of S. W. i sec. 33 — 104—53, and run said factory for three years, if said money is paid on or before October 15, 1886, or as soon thereafter as said frame for said factory is up,…
2Cases cited3 opinions
- Landwerlen v. WheelerIndiana Supreme Court · 1886
- Price v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1862
- Davis v. BelfordMichigan Supreme Court · 1888
3Cited by14 opinions
- Nelson v. SchellpfefferSouth Dakota Supreme Court · 2003
- Jones v. GGNSC PIERRE LLCDistrict Court, D. South Dakota · 2010
- Davis & Rankin Building & Manufacturing Co. v. BoothIndiana Court of Appeals · 1894
- McArthur v. BoardSupreme Court of Iowa · 1903
- Young v. BierschenkSupreme Court of Iowa · 1925
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