Legal Opinion

Lampert Lumber Co. v. Pexa

South Dakota Supreme Court

Decided August 15, 1921No. File No. 4808PublishedCited by 10 opinions

Appeal from Circuit Court, Day County. Hon Frank Anderson, Judge. Action by the Lampert Lumber Company, a corporation, against Thomas Pexa, to recover an alleged balance in hands of defendant employee belonging to plaintiff. From a judgment for plaintiff upon. directed verdict, and from an order denying a new trial, defendant appeals. (2) ' Under point two of the opinion, Respondent cited: 'Fabian v. Wasatch Orchard Co. L. R. A. 1916D, 829.

1Opinion of the CourtPolle-Y, P. J.

Defendant in this action was employed by plaintiff to act as manag'er of a lumber yard owned by it in the city of Webster. The' contract -of employment was made in the month of May, 1918, and no part of it was reduced to writing. The employment was to commence the 1st of July, 1918, and to continue through, the remainder of that year and through 1919. It" is the contention of plaintiff that defendant was to receive a Salary of $125 per month, which was to be in full payment for his services for the f-ull term of his employment. Defendant admits that his pay for the remainder of the year 1918…

2Cases cited5 opinions

  1. Diamond v. JacquithArizona Supreme Court · 1912
  2. Ford v. FordSouth Dakota Supreme Court · 1910
  3. Marks v. DavisMissouri Court of Appeals · 1897
  4. Durfee v. O'BrienSupreme Court of Rhode Island · 1888
  5. In re the Judicial Settlement of the Several Accounts ChamberlainAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by10 opinions

  1. In Re the Estate of GosmireSouth Dakota Supreme Court · 1983
  2. Federal Land Bank of Omaha v. MatsonSouth Dakota Supreme Court · 1942
  3. Kneeland v. ShroyerOregon Supreme Court · 1958
  4. Brown v. Wisconsin Granite Co.South Dakota Supreme Court · 1924
  5. Fronteer Directory Co., Inc. v. MaleyNorth Dakota Supreme Court · 1997

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