Rindles v. Bordewyk
South Dakota Supreme Court
Appeal from Circuit Court, Douglas County. Hon. R. B. Tripp, Judge. Action by A. J. Rindles against J. W. Bordewyk, for proceeds of purchase money for personal property sold for plaintiff by defendant at public auction. Erom a judgment for plaintiff, defendant appeals. We take it that the rule is unquestioned that no proof can be offered or received of matters not put in issue by the pleadings.
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Appeal from Circuit Court, Douglas County. Hon. R. B. Tripp, Judge. Action by A. J. Rindles against J. W. Bordewyk, for proceeds of purchase money for personal property sold for plaintiff by defendant at public auction. Erom a judgment for plaintiff, defendant appeals. We take it that the rule is unquestioned that no proof can be offered or received of matters not put in issue by the pleadings. That a party will not be allowed to introduce evidence to prove a cause -of action different from the one set out 'in the complaint. That- “proofs without averments and averments without proof are…
1Opinion of the CourtHaney, J.
The learned circuit court found the facts to be as follows: “(1) That a short time prior to January.9, 1909, the plaintiff and defendant entered into an implied contract, whereby the defendant undertook and agreed t-o sell two mares and one two-sea-ted buggy, the property of plaintiff, for him at public auction for a commission of 3 per cent., the same to be sold at a price acceptable -to plaintiff and to pay over the proceeds thereon in cash or good, secured, bankable notes. (2) That -on the 9th day of January, 1909, the defendant sold all of said property at public auction at said -town of…
2Cases cited1 opinion
- Long v. CollinsSouth Dakota Supreme Court · 1901