Johnson v. Gilmore
South Dakota Supreme Court
Appeal from the circuit court, Hand county. Hon. H. G. Fuller, Judge. Action to recover damages for breach of contract. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. In an action on contract where neither time nor place of delivery was fixed the plaintiff must aver an offer or tender of performance on his part, and to pay on delivery. Lester v. Jewett, 11 N. Y. 453; Smith v. Wright, 1 Abb.
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Appeal from the circuit court, Hand county. Hon. H. G. Fuller, Judge. Action to recover damages for breach of contract. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. In an action on contract where neither time nor place of delivery was fixed the plaintiff must aver an offer or tender of performance on his part, and to pay on delivery. Lester v. Jewett, 11 N. Y. 453; Smith v. Wright, 1 Abb. Pr. 243; Porter v. Booth, 1 S. D. 558; 47 N. W. 960; Sames v. Spawn, 6 Dak. 16; Ross v. Wait, 51 N. W. 866; Vail v. Rice, 5 N. Y. 155; Dunham v. Pettee, 8 N. Y. 508.…
1Opinion of the CourtKellam, J.
In his complaint the respondent, who was plaintiff below, alleged that in January, 1893, he made a written contract with the defendant and appellant, wherein defendant agreed to deliver to plaintiff 20 head of fat cows and heifers on the 1st day of April, 1893, at the agreed price of $2.40 per 100 pounds; that he was ready to receive and pay for the same at the stipulated time, but that defendant failed to deliver or offer to deliver them at the time agreed upon, or at any other time; that plaintiff made a demand for the same, which was refused; by reason of which facts he sustained damages…
2Cases cited7 opinions
- Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
- Continental Insurance v. HortonMichigan Supreme Court · 1873
- Richter v. MeyersIndiana Court of Appeals · 1892
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
- Calkins v. Seabury-Calkins Consol. Min. Co.South Dakota Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re East Bay Etc. Water Bonds of 1925California Supreme Court · 1925
- Nebraska Electric Generation & Transmission Coop., Inc. v. MarkusSouth Dakota Supreme Court · 1976
- East Bay Municipal Utility District v. HadsellCalifornia Supreme Court · 1925
- Frye v. FergusonSouth Dakota Supreme Court · 1894
- Hopp v. ThompsonSouth Dakota Supreme Court · 1949
8 more not listed; retrieve them via the Exa API.