Cranmer v. Kohn
South Dakota Supreme Court
Appeal from circuit • court, Edmunds county. Hon. Howard G. Fuller, Judge. Action for damages for breach of contract. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. Oral testimony cannot be received to interpret the meaning of a written contract. Bishop Cont. 871; Martin v. Cole, 104 U. S. 80. No damages can be recovered for a breach of a contract which are not clearly ascertainable, both in their nature and origin. Section 4581, Comp.
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Appeal from circuit • court, Edmunds county. Hon. Howard G. Fuller, Judge. Action for damages for breach of contract. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. Oral testimony cannot be received to interpret the meaning of a written contract. Bishop Cont. 871; Martin v. Cole, 104 U. S. 80. No damages can be recovered for a breach of a contract which are not clearly ascertainable, both in their nature and origin. Section 4581, Comp. Law; Johnson, 18 S. W. 476; Cahn v. Western, 46; Fed. 40; Sutherland Damages, 94. When a contract and breach are set out,…
1Opinion of the CourtCorson, P. J.
This is an action to recover damages for breach of contract. Yerdict and judgment for the plaintiff, and the defendant appeals. The more important provisions of the contract are as follows: “That this contract shall be operative from Jan. 1st, 1888, to December 31st, 1888, both inclusive; that the said party' of the .second part hereby enters into the employ of the party of the first part to sell clothing at wholesale in such territory and at such prices as the party of- the first part shall direct, in consideration of which the said party of the second part is to receive a salary of…
2Cases cited10 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Mueller v. Bethesda Mineral Spring Co.Michigan Supreme Court · 1891
- Ætna Life Insurance v. NexsenIndiana Supreme Court · 1881
- Howe Machine Co. v. BrysonSupreme Court of Iowa · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Manss-Owens Co. v. H. S. Owens & SonSupreme Court of Virginia · 1921
- McGinnis v. StudebakerOregon Supreme Court · 1915
- Fields v. Western Union Telegraph Co.Oregon Supreme Court · 1913
- Bowers v. Graves & Vinton Co.South Dakota Supreme Court · 1896
- Davis v. TubbsSouth Dakota Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.