Carter v. State
South Dakota Supreme Court
Action to recover damages for breach of contract. Demurrer to first cause of action overruled, and sustained as to second cause of action. The facts are stated in the opinion. Where a contract has been assigned by one party, the acceptance by the other of the benefit under such contract is a ratification of the assignment.
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Action to recover damages for breach of contract. Demurrer to first cause of action overruled, and sustained as to second cause of action. The facts are stated in the opinion. Where a contract has been assigned by one party, the acceptance by the other of the benefit under such contract is a ratification of the assignment. Devlin v. Mayor, 63 N. Y. 8; Horner v. Wood, 23 Id. 354; Cutting v. Packers, 10 Law R. 369. Upon a proceeding to establish a claim for damages caused by not fulfilling a contract for printing, the facts, all the requirements of the law necessary to the creation of a valid…
1Opinion of the CourtCorson, P. J.
This is an original action, brought by the plaintiff, as assignee, against the state, pursuant to the provisions of chapter 1, Laws 1890, to recover damages for the al*154leged breach of two contracts for printing, entered into by the secretary of state as ex officio commissioner of public printing. The complaint contains two causes of action, to each of which the state, by its attorney general, has interposed a demurrer on the ground that the complaint does not state facts sufficient to constitute a cause of action. The only question, therefore, before us for decision is as to the sufficiency of…
2Cases cited1 opinion
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
3Cited by9 opinions
- Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
- Leader Printing Co. v. LowrySupreme Court of Oklahoma · 1899
- Browne & Co. v. John P. Sharkey Co.Oregon Supreme Court · 1911
- Campbell v. Board of County CommissionersSupreme Court of Kansas · 1902
- Kinser v. McMurraySupreme Court of Iowa · 1921
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