Barnes v. Hill City Lumber Co.
South Dakota Supreme Court
Appeal from; Circuit Court, Custer County. Hon. Levi McGee, Judge. Action by James B. Barnes against the Hill City Lumber Company, to recover money under a written contract. From a judgment'for defendant, and from an order denying" a new trial, plaintiff appeals.
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Appeal from; Circuit Court, Custer County. Hon. Levi McGee, Judge. Action by James B. Barnes against the Hill City Lumber Company, to recover money under a written contract. From a judgment'for defendant, and from an order denying" a new trial, plaintiff appeals. (3) Under point three of the opinion, Appellant cited: Section 1287, Civil Code; Manufacturing Co. v. Galloway, 5 S. D. 205; Barton v. Roon, 20 S. D, 7. Schriner v. Dickinson et al., 20 -S. D. 433.; Kimm v. Welters, 28 S. D. 255; Steel Safe -Company v. First State Bank, 28 S. D.-426. Respondent cited: Michaels v. Armstead, 14 Fed.…
1Opinion of the Court
SMITH, P. J..
Plaintiff who is appellant here, sued to recover $1073.74, a balance alleged to be due under a written contract, of date, of Sept. 27, 1911, which will be hereinafter referred ro. Trial to the court. The following facts may be taken as conceded on the record before us.
One Meeker was the owner of a homestead near the town of Ouster, on which was situated a considerable quantity of logs and timber. About the 7th of July, 1911, one Roy T. Walker, by a written contract, purchased the log-s and timber. Walker who was then attempting to operate a sawmill on the Meeker homestead, was…
2Cited by5 opinions
- Ralph E. Mueller and Eugene D. Devane, Appellees-Cross-Appellants v. Hubbard Milling Company, Appellant-Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1978
- In Re RobertsDistrict Court, D. South Dakota · 1973
- Lanning Construction, Inc. v. RozellSouth Dakota Supreme Court · 1982
- Lanning Construction, Inc. v. RozellSouth Dakota Supreme Court · 1982
- Nelson v. Turner County BankSouth Dakota Supreme Court · 1930