Seim v. Krause
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hoc. A. J, .Plowman, Judge. Action by Olaf Seim against Charles H. Krause. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county. Hoc. A. J, .Plowman, Judge. Action by Olaf Seim against Charles H. Krause. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. When parties capable of contracting have deliberately entered into a written agreement in which by all just rules _of construction, the certificate of the architect is made a condition precedent to a right of action, such condition must be performed or its requirements waived. Hanley v. Walker, 45 N. W. 57; Moran v. Schmidt, 67 N. W. 323; City v. Limerick, 40 S. W. 254; Gilmore v. Courtney, 41…
1Opinion of the CourtHaney, J.
It is alleged in the complaint that plaintiff and defendant entered into a written contract by the terms of which plaintiff was to construct a dwelling for defendant according to certain plans and specifications, made a part of the contract, for the agreed price of 12,298; that under the provisions of the contract defendant ordered certain changes in the construction of the building, which w-ere made, and the building was completed *532in accordance therewith; that the agreed price for the changes so made raised, the price for constructing the building to the sum of $2,555.15; that defendant has…
2Cases cited5 opinions
- Elliott v. Missouri, K. & T. Ry. Co.Court of Appeals for the Eighth Circuit · 1896
- McGuire v. City of Rapid CitySupreme Court Of The Territory Of Dakota · 1889
- Brace v. Van EpsSouth Dakota Supreme Court · 1899
- Haggarty v. StrongSouth Dakota Supreme Court · 1898
- Guthat v. GowMichigan Supreme Court · 1893
3Cited by12 opinions
- Dave Gustafson & Co. v. StateSouth Dakota Supreme Court · 1968
- Brooke v. Laurens Milling Co.Supreme Court of South Carolina · 1907
- Anderson v. Cactus Heights Country ClubSouth Dakota Supreme Court · 1963
- Kyburz v. StateSouth Dakota Supreme Court · 1961
- Rogers v. Gladiator Gold Min. & Mill. Co.South Dakota Supreme Court · 1907
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