Kirby v. Western Wheeled Scraper Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action to recover on a contract for legal services. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtPuller, J.
This action by an attorney at law is based upon a demand for professional services rendered the defendant, it is claimed, at the instance and request of its authorized agent; and the power of said agent to bind his principal is the controlling question in the case. A jury trial resulted in a judgment for plaintiff, and the appeal is by the defendant therefrom, and from an order overruling a motion for a new trial. The substantive facts, briefly stated, are as follows: On the 23rd day of April, 1894, the defendant, a nonresident corporation engaged in the manufacture and sale of the Western…
2Cases cited5 opinions
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Ellis v. WaitSouth Dakota Supreme Court · 1893
- Jacob Leu & Sons v. Mayer, Sells & Co.Supreme Court of Kansas · 1893
- Cochran & Rathbun v. NewtonNew York Supreme Court · 1848
- Markham v. Burlington Ins.Supreme Court of Iowa · 1886
3Cited by1 opinion
- Fargo v. CravensSouth Dakota Supreme Court · 1897