Hudson v. Archer
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. D. Haney, Judge. Action to recover damages for breach of contract. From a judgment for plaintiffs for nominal damages only, they appeal. The facts are stated in the opinion. The contract is entire, and plaintiffs are entitled to the return of the cpnsideration. Partial performance is immaterial in principle as well as law.
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Appeal from circuit court, Yankton county. Hon. D. Haney, Judge. Action to recover damages for breach of contract. From a judgment for plaintiffs for nominal damages only, they appeal. The facts are stated in the opinion. The contract is entire, and plaintiffs are entitled to the return of the cpnsideration. Partial performance is immaterial in principle as well as law. Griggs v. Austin, 8 Pick. 22; Brown v. Harris, 2 Gray 360; Archer v. McDonald, 36 Hun. 194; Churchill v. Stone, 58 Barb. 233; Williamson v. Johnson, 20 Atl. 279. Plaintiffs can only recover nominal damages. § 4581, Comp. Laws;…
1Opinion of the CourtCorson, P. J.
This was an action to recover damages for breach of contract. Judgment was rendered for the plaintiffs for nominal damages only, and they appeal. The action is based upon the following contract: “This memorandum of agreement, made at Yankton, Dakota, this 18th day of June, A. D. 1887, by and between W. S. Archer of Dayton, Ohio, and G. A. Archer, of Yankton, Dakota, parties of the first part, and G. R. Scougal, Newton Edmunds and E. E. Hudson, of said Yankton, as agents and trustees of the persons whose names are subscribed to a subscription to a fund to secure the erection of an oil mill, a…
2Cases cited6 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- M. K. & T. Railway Co. v. City of Fort ScottSupreme Court of Kansas · 1875
- Fitzsimmons v. ChapmanMichigan Supreme Court · 1877
- Fort Wayne Electric Light Co. v. MillerIndiana Supreme Court · 1892
- Batsell v. St. Louis, Arkansas & Texas Railway Co.Court of Appeals of Texas · 1893
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3Cited by1 opinion
- Young v. Metcalf Land Co.North Dakota Supreme Court · 1909