Jenkinson v. City of Vermillion
South Dakota Supreme Court
Appeal from circuit court, Clay county. Hon. Frank R. Aikens, Judge. Action to recover for work and labor done under contract. Defendant answered, alleging full payment, and setting up a counterclaim for damages for unskillful work. Judgment for defendant. Plaintiff appeals. Tbe facts are stated in the opinion. Where one party to a contract has completed his part, it is the duty of the other, without demand, to complete his.
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Appeal from circuit court, Clay county. Hon. Frank R. Aikens, Judge. Action to recover for work and labor done under contract. Defendant answered, alleging full payment, and setting up a counterclaim for damages for unskillful work. Judgment for defendant. Plaintiff appeals. Tbe facts are stated in the opinion. Where one party to a contract has completed his part, it is the duty of the other, without demand, to complete his. Barney v. Bliss, 1 D. Obip. 377; Smith v. Loomis, 7 Conn. 110. Where one party to a contract has disabled himself from performing his contract, it is unnecessary to make…
1Opinion of the CourtKellam, P. J.
Tbe appellants, who were plaintiffs below, allege in their complaint tbe incorporation of defendant, and tbe execution between them of tbe following contract, to wit: “This agreement * * * witnesseth, that said parties of tbe first part hereby agree with parties of tbe second part to furnish brick and do all necessary brickwork on city ball, — that is, to put brick in wall according to plans and specifications furnished by W. L. Dow, — for three thousand dollars, being $10 per thousand in tbe wall, and have said brickwork completed by tbe 15th day of October. Tbe parties of tbe first part…
2Cases cited8 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
- Barton v. GrayMichigan Supreme Court · 1882
- Stutsman County v. MansfieldSupreme Court Of The Territory Of Dakota · 1888
- Sweetland v. BarrettMontana Supreme Court · 1882
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3Cited by16 opinions
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- McCormick Harvesting Machine Co. v. FaulknerSouth Dakota Supreme Court · 1895
- Sherwood v. City of Sioux FallsSouth Dakota Supreme Court · 1898
- Townsend v. KennedySouth Dakota Supreme Court · 1894
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