Neeley v. Roberts
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Loring E. Gaefy, Judge. Action by Thomas Neeley against David E. Roberts. From a j udgment for defendant, and from an order denying a new trial, plaintiff appeals. Where the contract, or duty concerning personal chattels, amounts to a trust, the performance of such a duty will be specifically enforced, no matter what the nature of the particular property may be.
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Appeal from circuit court, Hughes county. Hon. Loring E. Gaefy, Judge. Action by Thomas Neeley against David E. Roberts. From a j udgment for defendant, and from an order denying a new trial, plaintiff appeals. Where the contract, or duty concerning personal chattels, amounts to a trust, the performance of such a duty will be specifically enforced, no matter what the nature of the particular property may be. Cowles v. Whitman, 10 Conn. 121; Johnson v. Brooks, 93 N. Y. 337; Goodwin Co.’s Appeal, 117 Pa. 536; Parker v. Garrison, 61 Ill. 250; Kimball v. Morton, 43 Am. Dec. (N. J.) 62; McGowen v.…
1Opinion of the CourtHaney, P. J.
On November 27, 1891, the parties to this action entered into a written contract, whereby it was agreed that the plaintiff should keep and care for a flock of sheep belonging to the defendant for five years, and then receive one-half of the flock for his services. At the end of the contract period, the sheep and their increase having been kept and cared for by the plaintiff, and being still in his possession, a controversy arose regarding the division of the flock and the adjustment of numerous items of account. No settlement was effected. All the sheep then living and not sold remained with…
2Cases cited6 opinions
- Granger v. RollSouth Dakota Supreme Court · 1895
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- McKittrick v. PardeeSouth Dakota Supreme Court · 1895
- Neeley v. RobertsSouth Dakota Supreme Court · 1899
- Sutterfield v. MagowanSouth Dakota Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Janke v. JankeSouth Dakota Supreme Court · 1991
- Fairmont & Veblen Railway Co. v. BethkeSouth Dakota Supreme Court · 1916
- Babcock v. OrmsbySouth Dakota Supreme Court · 1904
- Meadows v. OsterkampSouth Dakota Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.