Janssen v. Muller
South Dakota Supreme Court
Appeal from Circuit Court, Bon Homme County. Hon. Robert B. Tripp, Judge. Action by J. H. Janssen, against John R. Muller, to recover upon a contract for construction, of a well. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i.) To point one of the opinion, Appellant cited: 9 Cyc. 618-619-620, and cases cited-; Inman Mfg. Co. v. American Cereal Co., 100 N. W. 860; Grogan v. Geo. F. Lee Coal Co., 208 Penn. State 386; 11 Am. & Eng.
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Appeal from Circuit Court, Bon Homme County. Hon. Robert B. Tripp, Judge. Action by J. H. Janssen, against John R. Muller, to recover upon a contract for construction, of a well. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i.) To point one of the opinion, Appellant cited: 9 Cyc. 618-619-620, and cases cited-; Inman Mfg. Co. v. American Cereal Co., 100 N. W. 860; Grogan v. Geo. F. Lee Coal Co., 208 Penn. State 386; 11 Am. & Eng. Ann. Cases, 838 and note; Inman Mfg. Co. v. American Cereal Co., 12 Am. & Eng. Ann. cases and noté. (3.) To point three…
1Opinion of the CourtMcCOY, J.
This was an action brought to recover the contract price for constructing a well. There was a verdict and Judgment in favor of plaintiff, from which defendant appeals. Among other errors assigned there are those which relate to the rejection of certain testimony offered by appellant. In order to determine the questions in relation to the exclusion of this tes-timon)r, it will ’be necessary to consider some elements of the contract in question in . connection with other testimony. While the contract does not specifically name the well to be constructed under the provisions thereof as an…
2Cases cited1 opinion
- De Rue v. McIntoshSouth Dakota Supreme Court · 1910
3Cited by18 opinions
- Malcolm v. MalcolmSouth Dakota Supreme Court · 1985
- Huffman v. ShevlinSouth Dakota Supreme Court · 1955
- Hisgen v. HisgenSouth Dakota Supreme Court · 1996
- Famous Brands, Inc. v. David Sherman CorporationCourt of Appeals for the Eighth Circuit · 1987
- Bailey v. BaileyNorth Dakota Supreme Court · 1926
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