Carnicle v. Swann
South Dakota Supreme Court
1DissentHenderson, Justice
I first make the point that appellee-car-penter sued in quantum meruit. How, then, can he substantiate (prove) his damages by costs (bills of materialmen and time cards of his employees)? The trial court entered judgment in favor of the carpenter simply by adding up these costs. This is blatantly incorrect. The carpenter’s brief states: “After reviewing the evidence, the [trial] court concluded that the reasonable value of the work performed and the materials included in the structure happened to bé the costs of those items.” Suit was commenced alleging the reasonable value of the labor…
2Cases cited4 opinions
- Stark v. StarkSouth Dakota Supreme Court · 1961
- Security State Bank of Wishek v. StateNorth Dakota Supreme Court · 1970
- Woodford v. KelleySouth Dakota Supreme Court · 1904
- Fehlhafer v. ReinersSouth Dakota Supreme Court · 1916