Rapp v. Giddings
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action by Prank Rapp against C. M. Giddings to recover on an account. Plaintiff had judgment, from which, and an order denying a new trial, defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action by Prank Rapp against C. M. Giddings to recover on an account. Plaintiff had judgment, from which, and an order denying a new trial, defendant appeals. The facts are stated in the opinion. In order to overcome the effect of a check containing a receipt in full the evidence must be of a clear and satisfactory nature and it must appear that by some mistake or fraud the check was not intended by the parties as a receipt in full. It was error for the trial court to refuse to so instruct the jury. Puller v. Crittenden, 9…
1Opinion of the CourtKellam, J.
Respondent sued appellant to recover an alleged balance of a threshing bill. Appellant contended that his contract was to pay but a part of the bill; that his tenant was to pay the larger part of it, and that the agreement was so made between respondent himself and the tenant; that, after the work was done, respondent and himself agreed upon the amount due from him, and he paid it. The case was tried before a jury, who gave the plaintiff a verdict for the unpaid balance of his bill, and judgment was entered accordingly. Defendant appeals from the judgment, and an order denying a new trial.…
2Cited by3 opinions
- Fid. & Cas. Co. of N.Y. v. Fresno Flume & Irrigation Co.California Supreme Court · 1911
- Newsom v. WoollacottCalifornia Court of Appeal · 1907
- Grissel v. Bank of WoonsocketSouth Dakota Supreme Court · 1899