Davis v. Tubbs
South Dakota Supreme Court
Appeal from circuit court*, Custer county. Hon. William: Gardner, Judge. Action for breach' of contract. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. Damages that are special in character must be specifically alleged. Stephen v. Smith, 28 Cal. 103; Havemeyer v. Puller, 60 How. Pr. 316; Malony v. Daws, 15 How. Pr. 265; Shaw v. Hoffman, 21 Mich. 151; Solms v. Lias, 16 Abbt.
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Appeal from circuit court*, Custer county. Hon. William: Gardner, Judge. Action for breach' of contract. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. Damages that are special in character must be specifically alleged. Stephen v. Smith, 28 Cal. 103; Havemeyer v. Puller, 60 How. Pr. 316; Malony v. Daws, 15 How. Pr. 265; Shaw v. Hoffman, 21 Mich. 151; Solms v. Lias, 16 Abbt. Pr. '311; Devilin v. City, 23 N. Y. 388; Corbett v. Anderson, 54 N. W. 727; Company y. Hopkins, 53. N. W. 501; Cameron v. White, 43 N. W. 15; Riley v. Black, 20 N. W. 695; Atkinson v.…
1Opinion of the CourtCorson, P. J.
The principal errors assigned in this case are those arising from the admission of evidence, and, in order to determine the correctness or incorrectness of the rulings of the court it becomes necessary to examine the complaint, and ascertain the nature of the action and the issues presented. It is alleged in the complaint that in July, 1890, the plaintiff and defendant entered into a written contract by which it was agreed that the plaintiff should receive from the defendant 1,220 head of sheep and 26 bucks, and also the possession of certain ranches, and should “take all necessary care and…
2Cases cited4 opinions
- Clark v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Pitts Agricultural Works v. YoungSouth Dakota Supreme Court · 1895
- Cranmer v. KohnSouth Dakota Supreme Court · 1895
- Caldwell v. MyersSouth Dakota Supreme Court · 1892
3Cited by12 opinions
- Peter Kiewit Sons' Co. v. Summit Construction Co.Court of Appeals for the Eighth Circuit · 1969
- US Lumber, Inc. v. FisherSouth Dakota Supreme Court · 1994
- Wilma Miller, Doing Business as Double Diamond Construction v. Mills Construction, Inc. Van Tol Surety Company, Inc.Court of Appeals for the Eighth Circuit · 2003
- Big Band, Inc. v. WilliamsSouth Dakota Supreme Court · 1972
- Schelske v. SmithSouth Dakota Supreme Court · 1929
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