Stolle v. Stuart
South Dakota Supreme Court
Appeal from Circuit Court, Marshall County. Hon. Lyman T. Bouchur, Judge. Action by John Stolle and another against T. M. Stuart. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtFuller, J.
As a complete defense and by way of counterclaim to this action to recover $180, as reasonable, compensation for certain labor performed, by respondents, whoi are husband and wife, appellant pleaded the breach of an express contract, resulting, it is alleged, in $199.85 damages to> him, and the sufficiency of the evidence to sustain a verdict of $60 in favor of respondents is the only question presented by this appeal.
Briefly stated the material facts are as follows: November 8, 1900, respondent John Stolle entered upon the perfprmance of a contract made that day, by the terms of which he was…
2Cases cited2 opinions
- Nicks v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
- McClellan v. HarrisSouth Dakota Supreme Court · 1895
3Cited by3 opinions
- Lynn v. SebyNorth Dakota Supreme Court · 1915
- Hopp v. ThompsonSouth Dakota Supreme Court · 1949
- Comeau v. HurleySouth Dakota Supreme Court · 1909