Gleckler v. Slavens
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon H. G. Fuller, Judge. Action to recover damages for breach of contract. Plaintiffs had judgment and defendants appeal. The facts are fully stated in the opinion. It is not the province of a reply to introduce a new cause of action. The plaintiff can recover, if at all, only on the causes of action stated in his complaint.
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Appeal from circuit court, Hughes county. Hon H. G. Fuller, Judge. Action to recover damages for breach of contract. Plaintiffs had judgment and defendants appeal. The facts are fully stated in the opinion. It is not the province of a reply to introduce a new cause of action. The plaintiff can recover, if at all, only on the causes of action stated in his complaint. That part of the reply which alleges a new contract to deliver the best cattle first is inconsistent with the complaint, and is a material departure and cannot stand. Durbin v. Fisk, 16 O. S. 533; Hastings v. Caldwell, Hamilton,…
1Opinion of the CourtKellam, J.
This is an action to recover damages for breach of a contract. H. C. Slavens, one of the defendants, now appellants, had a contract with the commissioner of Indian affairs for supplying the Rosebud agency with beef cattle for issue to the Indians, the terms of which were fully disclosed by the pleadings in this case. To fill this contract, the Slavens made a contract with the plaintiffs, now respondents, by which the plaintiffs undertook to furnish and deliver to defendants at said Rosebfid agency, during the months of September, October and November, 1891, 1,400 head (subsequently by…
2Cases cited9 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Baker v. JosephCalifornia Supreme Court · 1860
- Arnold v. SkaggsCalifornia Supreme Court · 1868
- Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
- Crist v. ArmourNew York Supreme Court · 1861
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3Cited by7 opinions
- City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994
- Johnson v. GilmoreSouth Dakota Supreme Court · 1894
- Nebraska Electric Generation & Transmission Coop., Inc. v. MarkusSouth Dakota Supreme Court · 1976
- Frye v. FergusonSouth Dakota Supreme Court · 1894
- Flugel v. HenschelNorth Dakota Supreme Court · 1896
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